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REPORT AND EVIDENCE 



OF THE 



COMMITTEE ON ARBITiUKY ARRESTS, 



IN THE 



STATE OF INDIANA.^ 

AUTHORIZED BY RESOLUTION OF THE HOUSE OF 
REPRESENTATIVES, January 9, 1863. 



Five Thousand Copies Ordered to be Printed. 



INDIANAPOLIS: 

JOSEPH J. BINGHAM, STATE PBIHTER. 



1863. 



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ARBITRARY ARRESTS IN INDIANA. 



Evidence accompanying the Report of the House Committee 
OF the General Assembly on Arbitrary Arrests in the 
State of Indiana. 

House of Representatives, 
January 9, 1863. 

On motion of the Hon. Jason B. Brown, of Jackscfn county, the 
following resolutions were adopted: 

Whereas, The Constitution of the United States and of the 
State of Indiana solemnly guarantee to the people thereof freedoin 
of speech, freedom of the press, the sacred right of the writ of 
habeas corpus, security from arrest without due process of law, and 
that in all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial by an impartial jury of the State and 
district wherein the crime shall have been committed, and to be 
informed of the nature and cause of the accusation, to be con- 
fronted with the witnesses against him, and have compulsory 
process for obtaining witnesses, counsel, &c.; and, 

Whereas, We have witnessed, within the past twenty months, 
the violation of all these provisions so indispensable to a Iree gov- 
ernment and necessary for the enjoyment of public liberty, by 
means alike arbitrary, violent, insulting, and degrading to a degree 
unknown to any government on earth, except those avowedly and 
notoriously wicked, cruel, and despotic; and, 

Whereas, We, the Representatives of the people, now assem- 
bled in a legislative capacity, charged with the high duty of enact- 
ing laws for the protection of the people and the preservation ol 
their rights, deem it our first duty to ascertain the facts connected 
with the criminal usurpations and wrongs which have been prac- 
ticed by political arrests, and in order to give those who have 
unlawfully made them, or caused them to be made, the prominence 
to a position of lasting infamy their conduct merits, alike as pun- 
ishment and as a warning to others hereafter, and to enable us to 
act intelligently and efficiently in providing such legislation as will 
prevent their repetition, therefore, ^ j -u xu- 

Resolved, That a committee of seven be appointed by this 
House, whose duty it shall be to report to this body the number of 
arrests for political causes made within the limits of the State, 
and all the facts connected with each, showing by whose order, 
procurement or influence, either immediate or remote, the arrests 



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were made, the place, time, and manner of the same, and by wjiom 
made; the charges (if any) made against them, and the probability 
of their truth or falsity ; the place and duration of their imprison- 
ment, and their treatment; the trial, or opportunity for trial, which 
they may have had, if any; the circumstances of their discharge, if 
discharged; the injury to their persons or families (if any) which have 
resulted from their unlawful detention, and the damages or pecu- 
niary loss sustained by them in consequence of their imprisonment. 

Resolved^ That said committee also inquire into and report if 
there have been obstructions to the free exercise of the liberty of 
speech or press, or any abridgement thereof within the past two 
years in this State, and, if so, report the facts connected therewith. 

Resolved^ That said committee be authorized to report a bill 
that shall contain provisions adequate to protect the people from 
the arbitrary commission of unconstitutional acts, by such penal- 
ties and punishment upon those guilty of the same as may effectu- 
ally prevent their repetition, and provide means for redress and 
restitution by damages or otherwise to requite their wrongs, while 
serving as an exemplary warning to other usurpers in all time to come. 

Resolved^ That said committee be and are hereby authorized 
and empowered to send for persons and papers, or visit any locality 
within the State, that may be deemed necessary to the full and 
complete discharge of their duty. ^ 

In pursuance of the above resolutions, the Speaker appointed 
the following committee: 



Hon 


. Jason B. Brown, 


of Jackson County 




Bayless W. Hanna, 


u 


Vigo " 




O. S. Given, 


u 


Daviess " 




Jonas G, Howard, 


ii 


Clark 




Edwin P. Ferris, 


u 


Ripley " 




Chas. B. Laselle, 


u 


Cass " 




Samuel A. Shoaf, 


u 


Jay " 




Benj. F. Gregory, 


u 


Warren " 




James M. Gregg, 


a 


Hendricks " 




Chas. D. Morgan, 


li 


Henry " 




Timothy Baker, 


u 


Noble " 



Committee Room, January 23, 1863. 

The Committee assembled at their room, and organized by 
appointing Ethelbert C. Hibben, of Rush county. Secretary of 
said Committee. • 

The Committee on Arbitrary Arrests, after hearing and examin- 
ing the evidence submitted to them under the resolutions of the 
House, beg leave to submit the following report ; 



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REPORT 



OF 



THE COMMITTEE 



Under the resolution of the House we have examined witnesses 
in forty-three cases of arrests made in our State, and accompany- 
ing this is the evidence laid before us in those cases. 

Several matters suggest themselves to our minds in connection 
with the facts thus developed— matters which, in the judgment of 
the Committee, deeply affect- the liberty and vital welfare of the 
people of Indiana. Acts have been perpetrated, and omissions of 
duty suffered by high officers, which, if left unnoticed and unre- 
buked, would exhibit to the world a shameless want of fidelity on 
the part of the representatives of the people toward their constitu- 
ents, and if such lack of fidelity should be sanctioned, it would go 
far toward establishing that which appears to be assumed as true, 
by those who have for two years controled affairs, namely, that the 
people have ceased to take an interest ih the mode and manner in 
which the government ought to be administered. In short, that 
it is no longer a government of the people, through their agents, 
the chosen officers of the law — ^but a government in which the 
servant has become the master, and the superior the slave. 

The tendency of the legislation and acts of those placed in 
power by the people for the last two years, has been to curtail the 
liberties and to crush the spirit of independence of those who 
have placed them in position. The many acts of arbitrary power 
shown by this evidence, taken in connection with the attempt by 
the Congress and President of the United' States, to shield from 
all responsibility, those who in the very wantonness of power have 



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been guilty of such unwarranted acts, make a dark chapter- in ttie 
mournful history which is to be written of the demoralization of 
the public men, and the downward tendency of the public morals 
of the times. 

It must be a truth that if our sires refused to submit to the 
wanton acts of the minions of a king, who was the descendant of 
a long line of rulers, whom they and their ancestors had been edu- 
cated to respect, obey, and reverence, that public virtue must have 
greatly declined, yea, that it is almost extinct, if we, their sons, will 
quietly crouch down to receive the lash, and hold out our hands for 
the fetters with which the lowest subordinates of a public servant 
would degrade us — for the President of the United States, by its 
Constitution, is but the servant of the sovereign people. 

Has it indeed come to this, that we must speak of our public 
servants with bated breath, and that we must approach with 
unsandled feet when we would come into their presence to seek a 
redress of wrongs ? Are the laws of nature to be reversed, and has 
the mere creature become greater than the creator ? Can we no 
longer set forth our grievances, either real or fancied, as our fathers 
did, in the immortal declaration of their independence ? 

The arrests that have been investigated by the Committee may 
be resolved into four classes : — 

Second. For treasonable practices. 

First For obstructing the draft. 

Third. For disloyal practices. 

Fourth. For no cause at all. 

In point of fact, it will be seen by every intelligent, candid per- 
son, who may take the pains to read this evidence, and who will 
read it with a desire to arrive at the truth, that nine out of every 
ten of those who were arrested fell under the head of the fourth 
class, and the remainder were taken into custody upon frivolous 
pretexts that could have been dissipated in a very short explanation 
before any intelligent, unprejudiced tribunal, if permission had been 
granted to that end. Indeed, it is scarcely necessary to offer argu- 
ments to show this fact, since those in power have conceded the 
whole question, by discharging nearly all the parties arrested, with- 
out even the semblance of a hearing or trial. In but few instances 
were such discharges made, until the victims of misapplied power 
had suffered great inconvenience, expense, and in many cases loss 
of health. The utter falsity of the pretended reasons for arrests 



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were thus admitted, and the innocence of the sufferers reluctantly 
declared by their persecutors. 

The great and controling motive of those who have resorted to 
such an arbitrary course toward the people, appears to have been 
a desire to prevent investigation into their acts, in the first instance; 
so that if the people would patiently endure it, they might go on 
gradually encroaching upon their simplicity in the exercise of 
unauthorized acts, until they should not be even shocked at the 
assumption of absolute and supreme power, if in the end it should 
be thought necessary by those in office for the attainment of their 
ultimate purposes. If this is not the correct reason for the acts 
complained of, we can see no cause for the arrests being confined 
to one political party alone. Many of these arrests, indeed nearly 
all of them, were made before the Administration had progressed to 
the length desired by the ultra Abolitionists ; and because of the 
apparently conservative tendencies of Mr. Lincoln in the earlier' 
periods of his term of office, he and his policy had been more" 
bitterly opposed and denounced by members of the Abolition party, 
than by those Democrats who were arrested. No Abolitionist who 
thus indulged in denunciations of the policy of the conduct of the 
war was arrested, but the least offense in that respect by a Demo- 
crat was met by the stern hand of power. Why was this ? Two 
reasons present themselves : First, without doubt it was the inten- 
tion of Mr. Lincoln, from the beginning of the war, gradually but 
ultimately, to lead it on to the purposes of emancipation; and he 
would thus, at the proper time, fall into the arms of the Abolition- 
ists — therefore, it would not do to offend and alienate them in 
advance. Secondly, the history of Democracy shows that they 
have always been in favor of the greatest freedom of opinion, and 
of granting the largest measures of personal liberty to the individual 
members of society. The course marked out would not admit of 
the expression, or even possession of this kind of liberty. It is, 
and always has been, in antagonism to arbitrary power. For 
hundreds of years, a war has been going on between this Demo- 
cratic principle of individual liberty, and its opposite, the concen- 
tration of such liberty in the hands of a few only, at the expense 
of the many. To be free thus to seize the reins of power unlaw- 
fully, it became necessary to silence men who had been educated 
in this school of freedom and equality. Those who spoke boldly, 
as freemen ought to do, were seized, deprived of liberty, and refused 
a trial, under the pretext that they had been guilty of disloyal 



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8 

practices ; not with the expectation of convicting them, but with 
the hope that such acts would deter others from canvassing with 
like freedom the acts of usurpation of those in authority. 

In carefully considering this testimony, the Committee can not 
avoid the conclusion, that the acts thereby shown, clearly demon- 
strate a kind of morbid fear of the people upon the part of the 
rulers. They appear to apprehend that the course being pursued 
does not meet with public approbation. For instance, a word said 
against the President, or his mode of managing affairs, in the 
alarm of subordinates, is by them construed to be a disloyal prac- 
tice, and the offender, if a Democrat, is immediately arrested and 
put where he can do no more harm. 

In England, we believe, they once had a statute declaring it trea- 
son of a certain grade for a man to "imagine the death of the king," 
and one subject was convicted under this statute for wishing the 
' king had a buck's horBs in his belly, on the ground that he could not 
have had them there and lived, consequently the man must have 
wished for his death. We laugh at the folly of such a law, when 
the question is put directly to us, and yet for many months we 
have been submitting to a vague and unsettled proclamation in 
regard to disloyal practices, as construed by young, ambitious 
adventurers, strutting their brief hour upon the stage, without 
identity and without responsibility. We are indeed a patient peo- 
ple — of long forbearance — full of brotherly love, and overflowing 
with the milk of human kindness. In the opinion of one A. B. 
Jetmore, who resides in Hartford City, Blackford county, who 
states, on his oath, that he is a lawyer, it is a " great crime and 
burning shame foi' any one to speak or argue against the views or 
policy of the National Executive." How precipitant and how 
deep is the descent, in the scale of law and in the doctrines of 
political liberty, from Mansfield and Blackstone, Marshall and 
Taney, Blackford and Dewey, to Abraham B. Jetmore, Esq. He 
says he used to be a Democrat. Poor fellow I he is now a convicted 
spy upon his neighbors, who have put bread into his mouth, and 
clothes upon his back. Doubtless he has already received his little 
price. The Committee would recommend him to the clemency of 
the latter-day Abraham, whom he considers so far superior to all 
laws, institutions, and constitutions, whether civil or divine. 



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9 
CASE OF JUDGE CONSTABLE. 

But leaving these questions, we propose to look more in detail 
at the classes of cases presented; but before doing so, we desire to 
call special attention to the case of Judge Constable. He is not a 
resident of Indiana, but he was brought into the State and impris- 
oned here. We do this for the reason that the principle involved 
in his case is closely connected with civil liberty itself. "What is it 
that distinguishes civilization from barbarism? The one is estab- 
lished upon conditional rules — wise, humane, determinate laws; 
the other is the sudden growth of prejudice, selfishness, and pas- 
sion, affording shelter to-day and bringing swift destruction to- 
morrow. Upon the just adrjiinistration of the conventional rules 
and prescribed laws upon which civilization is built, depends its 
highest degree of perfection. All writers agree that to insure this 
end magistrates of the law should be learned, independent, unbi- 
ased, and honest; and thus qualified, they must be left to act freely. 
No man could thus act if, for an honest error of judgment, he 
should be subjected to penalties. Every beginner in the study of 
law knows this. And why is it? Because of the fallibility of the 
human mind. No man is infallible. A judge must decide one 
way or another upon questions presented to him. He has no 
choice as to that. He may decide wrong. Superior courts are 
instituted to correct his decisions if he does. The imprisonment, 
or even worse punishment of the judge, would not reverse that 
judgment. And further, no honest, upright man would, for a mo- 
ment, hold a judicial office with the possibility of penalties, either 
civil or criminal, attaching to an error of judgment. For these, 
among other reasons, it is a settled and known principle of legal 
jurisprudence, that a magistrate or judge can not be made to 
respond, either criminally or in damages, in a civil suit, because of 
any official decision he may honestly make. This is to support 
his dignity and authority, and to draw veneration to his person, 
and submission to his judgment. In support of this theory, the 
committee would refer to the following standard English and 
American authorities: Co. Litt. 294; 2 Just. 422; 2 Ball. R. 160; 
1 Yeates' R. 443; 2 N. & McC. 168; 1 Day. R. 315; 1 Root R. 
211; 3 Caines' R. 170; 5 John. R. 282; 9 John. R. 395; 11 John. 
R. 150; 3 Marsh. R. 76; 1 South. R. 74; 1 N. H. Rep. 374; 2 Bay. 
1, 69; 8 Wend. 468; 3 Marsh R. 76. 

If it were otherwise, judges would be the mere tools of those in 



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10 

authority, there would be no independence of thought or action. 
No citizen could safely trust his interests in the keeping, or to the 
determination of a judiciary thus trammeled. Communities would 
be driven back toward a state of barbarism. Every man would be 
compelled to take into his own hands the adjudication of his own 
controversies. The strong would govern the weak. Men would 
combine together in clans and factions to protect each other. This 
condition of things would be anarchy. 

In the above suggestions we have assumed that Judge Constable 
committed an error in the judicial decision upon which he was 
arrested — but in fact he did not, as could be amply shown, if it was 
at all necessary to enter into an argument on the subject. But it 
is not necessary, for, conceding for the sake of the argument that 
he was in error in his decision, it is not pretended that he decided 
corruptly, and therefore, all the reasons we have stated, fully apply 
in favor of the freedom and independence of the judiciary in his 
case. Again, admitting he was wrong, in England even, from 
whose oppressions we separated by a long war, it is held by the 
king, that " he looks upon the independence and uprightness of the 
judges as essential to the impartial administration of justice — as 
one of the best securities of the rights and liberties of his subjects, 
and as most cd^nducive to the honor of the crown." Ld. Raym. 
747, Blkst. Com., Jacob's L. Diet., 3, 547. 

A judge is not answerable then, even to the king, for an error of 
judgment in a matter of which he has jurisdiction. 1 Salk. 397, 2 
Hawk., c. 1, sec. 17. 

But here, the President, as Commander-in-Chief, through his 
subordinates, usurps greater powers than the king in England dare 
exercise, for through them he undertakes to determine when a judge 
has decided right or wrong, and to punish him for that decision — 
not by any regular course of judicial proceeding, either civil or 
criminal, nor yet by the mode pointed out by the Constitution for 
corrupt acts, which is by impeachment, but by an arbitrary Turkish 
process of military despotism, merely because, as in the case of 
Mr. Green, these gentlemen may believe they are "backed by six 
hundred thousand bayonets." 

It is time that the people should arouse to a just sense of the 
great danger to their liberties, when the men and the money they 
have placed at the disposal of the Government are thus boast- 
ingly diverted from the purpose for which they were furnished. 



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11 

BLACKFORD COUNTY CASES. 

The Committee, in treating of the evidence as it has been 
developed, and according to the classification of offenses, would 
invite attention, first, to the Blackford County cases, where eighteen 
arrests were made, as declared by the authorities, for resistance to 
the draft. These arrests will astonish everybody — a tyrant would 
be ashamed of them. Without the semblance of guilt, without a 
shadow of pretext, in the absence of all reason, forgetting all rev- 
erence for law and personal liberty, a few weak and misguided 
creatures, calling themselves the officers of the law, in the night- 
time, and acting under false pretenses, seize and carry away from 
their families and homes unoffending and peaceable citizens — 
citizens of character, of inflnence, and position; and after they are 
thus seized and dragged away, these irresponsible wretches hunt 
an occasion to appease their wicked and gangrened party malevo- 
lence, by exposing these kidnapped prisoners, in the streets at 
Indianapolis, to the jeers and derision of a remorseless mob. 
They are cast into prison, and there, within the damp walls of 
their dungeon cells, without comfortable bedding, fed upon tainted 
food, they are left to become the prey of disease and the victims 
of death. 

Thus outraged and thus fettered, they call upon their accusers to 
come forth and confront them. The officers having them in charge 
are asked of what crimes they are accused — an examination by 
some legally constituted tribunal is repeatedly demanded. They 
had a right thus to be brought into the presence of their accusers; 
they had a right to demand the reasons of their restraint; it is an 
ancient and well established right — a right guaranteed by the Con- 
stitution of the United States, and the Constitution of the State 
of Indiana; but their appeals were addressed to the hard hearts 
and deaf ears of tyrants. 

The United States Marshal, when appealed to, folds himself 
more warmly in the flowing cloak of his own luxury, and with a 
view to shift the responsibility, he wags his head ominously, and 
points these outraged citizens to the modern Caligula and his 
willing satraps, who now inhabit the ancient metropolis of Repub- 
lican liberty: — There, he says, is my authority; I must obey — ask 
me nothing more. 

But all this does not satisfy the people, who are jealous of their 
liberties. They will not be put off. Our rights and liberties are 



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12 

common rights and liberties. That which wrongs a citizen, wrongs 
the State. There stands the stubborn question, How were these 
arrests made? The prisoners are told upon affidavit. Upon whose 
affidavit? Who can tell? Some one is responsible, certainly! 
We have laws, we have courts, we have a Governor for our pro- 
tection, and he is the sworn custodian of our peace and liberties. 
How does it come to pass that all these great elements of power 
and protection were powerless and silent in this great emergency ? 
The people of this country are free, unless placed under restraint 
for the violation of some law, and then only by positive proof, 
with the presumption of innocence in their favor until proved 
guilty. Here citizens of Indiana were restrained of their liberty, 
and denied a trial. Why did not the Execative, made so by the 
Constitution, and backed as such by the whole military power of 
the State, enforce the constitutional and unquestioned rights of 
these citizens? Was he ignorant of the fact that they had been 
trampled upon ? That could not be. He does not pretend so much. 
One million of free Americans, of Anglo-Saxon- Celtic descent, 
ask the question — Where was he while these monstrous outrages 
were being practiced upon the liberties of the great people whose 
fortunes and destiny were the especial objects of his care? Was 
he in league with the oppressor? or was he only sleeping, like 
Anthony, folded in the voluptuous arrhs of some Cleopatra, while 
the safety of the city, and the liberties of the citizen, were left 
exposed to the clemency of the vandal and the knife of the assas- 
sin? There is a serious questipn couched in all this outrage, 
which, sooner or later. Governor Morton will be called upon to 
answer. The people, who have suffered so severely, will nei-ther 
forget or forgive these unparalleled and wicked wrongs. 

The Committee have looked in vain in all the cases for the 
pretext upon which the arrests were made. The story out of doors 
is, they were made in vindication of the destruction of the draft- 
box in Hartford City, which it is said was done on the 6th day of 
October, 1862. 

Upon careful investigation, the Committee have ascertained that 
the draft-box was destroyed there at that time by one Jesse 
Williams, who was drunk at the time, and who has not to this day 
been arrested for it. The evidence shows clearly that Williams is the 
only man who had any thing to do with the destruction of the 
draft-box: still Andrew Brickley, Frank Taughinbaugh, Elihu 
Lyon, William Armstrong, Thomas Daugherty, John M, Vanhorn, 



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13 

John McManamon, Dr. William SchuU, Leander Tarr, Thomas 
Longfellow, Daniel "Watson, Jacob Clapper, John Miller, Henry 
Snyder and Bluford Mills, all Democrats, are seized by the author- 
ities, and without warrant are cast into prison, and without 
mittimus are held there by the United States Marshal — some for 
several days — others for weeks — and then discharged and sent 
home without a trial. Bluford Mills lost his life in this wicked 
affair — upon those who have been instrumental in taking the life 
of a valuable and intelligent citizen rests this terrible guilt. 
Anguish of soul will overtake them some time on account of it. 
If not before, they will feel it at last in that dark and melancholy 
hour, when with feeble breath, they shall come to falter fortWheir 
last cry for mercy on an erring life. 

Andrew Brickley, one of the parties arrested, is the sheriff" of 
Blackford county — a gentleman of the highest standing in the com- 
munity where he resides — as an evidence of his respectability and 
standing, he has received the indorsement of a majority of the people 
of the county where he lives. He, among others of the highest 
respectability, is arrested, and what is the evidence against him — 
nothing — not a word — on the contrary, he had used his influence to 
allay the excitement at Hartford City, where the draft was to be 
made. It is true he had agreed to assist in the work of the draft, 
he had agreed to do so for the satisfaction of his neighbors, who 
had faith in his integrity, and who believed he would protect them 
from fraud and party partiality. He proposed to act according to 
his understanding of the orders issued from the War Department, 
at Washington. But no, Mr. Frash had received special instruc- 
tions from Governor Morton which must not be departed from. 
Governor Morton, in his ambition to dispense patronage, could not 
rest satisfied with the orders at Washington. Notwithstanding 
the people were already suspicious of his public integrity, and 
notwithstanding a large majority of them believed he would draft 
Democrats to the fullest extent that his slavish tools dared to ven- 
ture — notwithstanding numerous complaints had been made to 
that effect in all parts of the State, still the Indianapolis programme 
must be carried out. So, Frash, the pliant tool of this no-party 
Governor, was allowed to have his own way, and Mr. Brickley, for 
allowing him this contested privelege, in the opinion of these gen- 
tlemen, became a great criminal, and was thrown into jail for it. 

Not one witness examined, says that any one of those who were 
imprisoned, in any way aided or abetted in the destruction of the 



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14 

draft-box. Poor Allen Ward did so testify, but he afterward said 
that his statement was false. Let this testimony show for itself — 
here it is in full ; — 

Mr. Morgan.—" Who did you see engaged in stamping on the 
box?" 

Mr. Ward. — "I saw Jesse Williams, Andrew Williams, John 
Dougherty, Thomas Dougherty, John Vanhorn and Bluford Mills." 

3Ir. Morgan. — " Who did you see hallooing, cheering, and stamp- 
ing on the floor ? " 

Mr. Ward. — " Besides these I have named, I saw Leander Tarr, 
Daniel Watson, Henry Lyons, John Miller, Henry Snyder, and 
John P. Garr." 

Mr. Ferris. — " What is your politics ? " 

Mr. Ward. — " I am a Republican." 

Mr. Ferris. — "How many men were there in the Court House 
when the draft-box was mashed? " 

Mr. Ward.—'' About a hundred." / . 

Mr.' Ferris. — " Do you swear positively that Jesse Williams, 
John and Thomas Dougherty, John Vanhorn and Bluford Mills, 
were each of them engaged in stamping the box and throwing the 
pieces around ? " 

Mr. Ward.—" Yes sir." 

Mr. Ferris. — " How much was the box broken, into how many 
pieces ? " 

Mr. Ward. — " The rim was broken into two pieces, and each 
head into the same number of pieces." * 

Mr. Ferris. — "Who did you see throwing the pieces around ? " 

31r. Ward.. — " I can not name any person." 

3Ir. Ferris. — " Name the persons you know you saw stamping 
the box." 

Mr. Ward.-—" I saw Jess. Williams. He is the only one I can 
swear I saw stamping the box." 

Mr. Ferris. — " If you stated that any person except Williams 
stamped on the box, or the pieces, was that true ? " 

Mr. Ward. — " To be certain, Jess. Williams was the only person 
I saw stamping the box to pieces." 

Mr. Ferris. — " Could you have heard it had any one hurrahed for 
Jeff. Davis before the crowd left the Court House ? " 

Mr. Ward.—" Yes, I could." 

Mr. Ferris.—" Was there any hallooing for Jeff. Davis in the 
house?" 



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Mr. Ward. — "If there was I did not hear it" 

Mr, Ferris. — "If you swore that any of the six men you named, 
besides Williams, was engaged in throwing around the pieces of 
the box, was that statement true ? " 

Mr. Ward.—'' I saw none but Williams have hold of the box, 
or any of the pieces." 

Mr. Ferris.—" If you stated that Leander Tarr, Daniel Watson, 
Henry Snyder, John P. Garr, and JoKn Miller were there hallooing, 
was that statement true?" 

Mr. Ward.—" I can not be positive that every one of them was." 

Mr. Ferris — " Was there any stamping done in the room that 
you know of, except that done on the box ? " 

Mr. Ward.—" None that I could name." 

Mr. Ferris.—^" Now if you stated that any person except Wil- 
liams was engaged in stamping on the floor, was that statement 
true?" 

Mr. Ward.—" I saw John Dougherty and Bluford Mills jumping 
up and down on the floor." 

The Committee have recited this testimony in full, that the 
public may be fombly impressed with the utter futility of the 
claims upon which these arrests were made. William Frash, 
Christopher Clappei^ Dwight Klinck, James Crosby, Abraham 
Stahl, and Allen Ward were summoned by Republican members 
of this Committee, to relieve, if possible, the parties who made the 
Blackford county arrests of actual disgrace and crime. How far 
they have succeeded the public must judge from the testimony. 
The Committee forbear to enter further into this discussion, the 
whole case is fully presented to the public, all may read it and 
digest it for themselves. There will certainly be an end to this 
kind of oppression — when the oppressor, shorn of patronage, and 
unsupported by the willing slaves of place and emolument, will 
once more stand upon his own footing, and thus reduced to the 
true condition of responsibility, he will be constrained to render up 
an account that will be satisfactory to the inexorable citizen who 
has been so wantonly and so wickedly outraged. 



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TREASONABLE PRACTICES. 

Under this head may be classed what is familiarly known as the 
Newburg cases, together with the arrest of W. B. McLean, of 
Vanderburg county. 

As to the Newburg cases it is a notorious fact, and it is a part 
of the recent history of this State, that in these arrests an attempt 
was made to defeat the Democratic party in the last October 
elections. It was proclaimed by the leading republican organ of 
the State, that one of the Newburg prisoners had drafted reso- 
lutions—another had done this, and another that in the county 
convention assembled in Warrick county, to indorse the action of 
the 8th of January convention. And therefore it was contended by 
these insignificant philosophers, that the people ought not to trust 
a party made up of such disloyal members. After all this parade 
and flourish of trumpets, it would have been too bare-faced to have 
turned loose the parties arrested, without some show of a trial. 
Therefore, in the United States Court a grand jury was gotten up 
for the occasion, controlled, as everybody knows it was, by a num- 
ber of ancient and hacknied party fossils, appointed by partizans, 
to work lip to a partizan programme, which they did without stint 
or conscience. The Committee are advised there are some honor- 
able exceptions in this grand jury, who positively refused to debase 
themselves. But that the people of the State may be fully apprized 
as to who the guilty parties are, that have published what they had 
no right to publish, and what they could only publish by a positive 
violation of their oath, their names are given to the world. The 
old maxim of law, false in one thing false in all things, raises a 
very serious question between the honest people and the unscru- 
pulous members of this grand jury. Here they are :— 

William P. Fishback, Leonidas Sexton, 

Charles H. Test, Benjamin G. Stout, 

George Moon, James Hill, 

William A. Montgomery, Daniel Sagre, 

James Blake, H. D. Scott, 

T. B. MgCarty, Robert Parrett, and 

Daniel Sigler, Fred. S. Brown. 

When they were impanneled, they swore to keep secret all tneir 
proceedings ; but they had not been in session a single week, until 



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members of this same grand jury, and other persons in their con- 
fidence, were making speeches all over the State — adjourning their 
meetings for that purpose — retailing what the jury in secret session, 
clothed in the habiliments of abandoned and remorseless party 
camp followers, and not acting within the true intent and meaning 
of their solemn obligations as jurors, had discovered, as they sup- 
posed in their willing spirit, to be treasonable practices on the 
part of the Democratic party throughout this State. Of course 
all these reports were false in fact, or else these partizan jurors 
were false to their oaths. Let them elect which horn of the 
dilemma they will take. But the inquisition had been established 
—the blocks for the execution had been placed there — they must 
be stained with blood — the executioner was impatient for the work 
of death ; indictments were found, and the United States Attorney, 
in pursuance of his undoubted right, selected the strongest case 
from the Newburg prisoners, and with all the aid of the marshal 
in the selection of a traverse jury, he failed to convict his chosen 
victim of the offense charged, and indeed of any offense. And so 
the matter stands — it has become a part of the history of the people 
of Indiana — a source of humiliation and disgrace, and attainder to 
all the parties who have thus prostituted themselves for the sub- 
servience of selfish and malevolent party schemes. This is about 
the last we will hear of Newburg treasonable practices. The 
evidence is given to the public in full; it will be weighed carefully; 
and at some period in the future, not far distant, we will have the 
popular verdict upon it. The boys in the streets will yet mock at 
the members of this grand jury, who have so disgraced themselves ; 
and their children after them will spend a lifetime of mortification 
on account of the ignominy that has been entailed upon them. 

In this connection the Committee would invite attention to the 
case of W. B. McLean, a citizen of Evansville, Indiana. It is an 
uninviting picture. Mr. McLean was induced to go to Indianapolis 
by General Blythe, in consideration of vague rumors circulating 
against his loyalty, that he might answer to Governor Morton; 
and if by him, or his military tribunal, acquitted, the suggestion 
was that all excitement against him would be subdued. He was 
promised an immediate hearing. General Blythe was in command 
of the military forces in southwestern Indiana^ and Mr. McLean 
supposed that he w^ould perform his promises^ that upon his arrival 
at Indianapolis he would have a hearing, and he knew he would 
be acquitted, for he was guilty of no- crime. But how was he 
C. A. A.— 2 



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treated? He was cast into this mighty whirlpool of frenzy, and 
left for weeks at the mercy of half-fledged officials, who either did 
not know their duty, or if they did, who were too unscrupulous to 
perform it. General Blythe knew that Mr. McLean had a wife and 
five helpless children dependent upon his daily labor for support; but 
no, that mattered nothing. Party favorites must be gratified by his 
humiliation. And what did it all amount to? nothing. He had 
sent a pistol to a cousin in Kentucky, ivith the written permit of A, 
T. Robinson, the surveyor of the port at Evansville, This is all 
that it was pretended he had done, for which he was kept in close 
confinement for more than six weeks. Shame upon a Government 
that would commit such crime against the liberty of the unoffend- 
ing citizen, simply because it had the physical power to do so. 
But it was done — it can not be denied — it is not denied. Let the 
responsibility rest where it belongs. 

DISLOYAL PRACTICES. 

This appears to be a cant phrase of Greeley coinage, and means 
anything or nothing; the Committee are unable to determine which. 
In its popular acceptation, it seems to signify Democratic theories 
and ideas as opposed to Republican theories and ideas. It is, per- 
haps, nothing more than a term of reproach. But classing it as 
an offense, according to the construction of Abolitionists, the Com- 
mittee would call attention to two or three of the most prominent 
cases which have been developed under it. 

It will not be necessary to enter very far into details, as the evi- 
dence will only have to be read to be clearly understood. Especial 
attention is invited to the arrests of Harris Reynolds, of Fountain 
county. Dr. Theodore Horton, of Wells county, Richard Slater, of 
Dearborn county, and Amos Green, a citizen of the State of Illinois, 
who was arrested in Terra Haute. These gentlemen were arrested 
near about the same time, and very nearly for similar reasons. 
Harris Reynolds was arrested upon a false charge of having advised 
resistance to the draft, on the first day of October, 1862, and was 
discharged without trial on the 22d day of the same month. Dr. 
Theodore Horton, arrested on the 9th day of October, 1862, for 
making a speech in favor of a strict construction of the Constitution 
of the United States, was confined in the prison at Indianapolis 
until the 13th day of November, and was then discharged by Mr. 
Rose without trial or examination. Richard Slater was arrested 



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on the day after the October election of last year, for what reason 
the Committee have been unable to ascertain, as he nor any one 
else ever knew. He was likewise imprisoned in the Government 
bastile at Indianapolis, and after four weeks close confinement 
was also discharged without a trial. Amos Green was arrested at 
Terre Haute on the 8th day of August, 1862, upon a telegraphic 
dispatch sent to Samuel Connor, the sheriff of Vigo county, by 
one John Logan, who was at that time, and still is, under various 
indictments for felony and misdemeanors. He was taken to "Wash- 
ington City, kept there for several days, and finally set at liberty, 
without accusation and without trial, .and even then forced to pay 
his own expenses home. Mr. Slater and Mr. Reynolds are both 
ex-Senators, and Dr. Horton an ex-member of the House of Repre- 
sentatives of the State of Indiana. Perhaps no arrest has been 
more outrageous than that of Dr. Horton. He was spirited away 
at midnight, under the impression that he was going to perform an 
act of mercy ; and thus kidnapped, he was hurried away from his 
home and family under circumstances that even precluded him 
from informing his anxious wife and children where he was until 
he had reached Indianapolis. 

American citizens w^ere thus harshly dealt with, simply because 
the weak and toppling party in power, in its madness to thrust its 
political heresies upon an intelligent and unwilling people, had 
established a system of espionage that gave any man, of the Ad- 
ministration school, the power to arrest and send to jail any one 
of his Democratic neighbors that, in his malice, prejudice, or mis- 
apprehension, he might wish to have put out of the way. 

The public will not fail to notice the cases of Mr. Cassidy and 
Mr. OfTutt, who were arrested in Rush county. Malignant des- 
potism, of the most offensive and criminal nature, characterizes 
both these cases. The only pretended authority therefor was a 
lettre-de'Cachet from Major-General Lewis Wallace, in command 
at Cincinnati — a letter in blank, assuming to confer upon an irre- 
sponsible itinerant telegraph operator the authority to go whither- 
soever he pleased, and arrest any citizen he might suspect of dis- 
loyalty. Respectful language can hardly portray this insolent 
impudence, this beggarly despotism, and this contemptable usur- 
pation, so strangely and so outrageously mean, and so far below 
the standard of American citizenship. Against these prisoners no 
charge, .not even a /<2&e aflSdavit, was preferred. It suited the 
caprice of a telegraph operator, acting in the capacity of a ^^ Deputy 



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Major- General,^^ to arrest them, and it was done. The dismal and 
dingy walls of the old French Bastile, which, for four hundred 
years, was used for the ruin of all who happened to incur the 
resentment and jealousy of tyrannical French monarchs, could not 
reveal more shocking instances of outrage and cruelty, than have 
been practiced throughout most of the northern States by various 
officers in the confidence of the present Administration. 

Members of the Abolition party proper, who for twenty-three 
years have counseled a division of the Northern and Southern 
States — who have advised resistance to the laws of Congress and 
the interpretations of the Supreme Court — now hold most of the 
important and lucrative offices within the gift of Mr. Lincoln. 
And these are the men who are the most implacable and cruel 
toward all who do not sustain their folly and madness. Why did 
not the President arrest members of this party as well as members 
of the Democratic party? In the beginning of his term of office 
they said more, and did more, to embarrass his Administration 
than Democrats did. Wendall Phillips at Washington, the capital 
of the nation, within the hearing of the President and his cabinet, 
boldly said, '^ I have labored for nineteen pears to take nineteen 
States out of the Union. * * * I cursed the Constitution and the 
Union, and endeavored to break it, and thank God it is brokenJ^ 
The President could not have been ignorant that he had uttered 
these monstrous words. The Speaker of the House of Representa- 
tives occupied a place on the platform where the speech was deUv- 
ered. Senators, in the confidence of the National Executive, were 
present. Republican members of Congress by scores, and citizens 
by hundreds, were there. The newspapers were full of it. Mr. 
Lincoln can not possibly escape upon the plea of ignorance. And 
this is got all. The next day after this reviler of the Constitution, 
this advocate of sedition, had uttered these wicked words, he made 
his appearance upon the floor of the United States Senate, in that 
sanctuary of constitutional liberty, consecrated for the greatest and 
wisest of all human purposes, still glorious with the recollections 
of the magical eloquence of Clay, the stately and overwhelming 
arguments of Webster, the parHamentary gladiatute of Silas 
Wright, and Macy, and Hannegan, and Douglas — this leprous 
wretch presumed to go — and there, upon that sacred floor, the 
most illustrious theater the world has ever known — Wendall Phil- 
lips is greeted and formally welcomed by the Vice President of 
the United States, the second officer in position and honor in the 



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whole republic. Let the intemperate partisans and the crazy 
fanatics, who are so especially puffed up with patriotism and con- 
sistency, take this notorious fact, in connection with a thousand 
other similar cases, and explain it to the satisfaction of the people, 
who, in the end, will be the arbiter of all these great questions. 
The whole matter is transparent. This Administration, itself 
inaugurated upon revolutionary principles, has, from the first hour 
of its installment, attempted to enforce submission to its usurpa- 
tions. The people, long inured to free thought and free expression 
of thought, can not be put down now^. It is madness to attempt 
it. They have been deceived by those having the control of public 
affairs, and they have denounced them for it, and their condemna- 
tions will continue as long as the offenses continue. The last 
Congress has been a disgrace to this nation. Its members — most of 
them — seem to have done every thing they could to irritate the 
people, and to destroy their liberties. 

When the nation was bleeding at every pore — when one million 
of our brothers were engaged in mortal strife — when hoof of fire 
and sword of flame were scourging the land and making our 
rivers run red and thick with blood, these remorseless plunderers 
and robbers were engaged in schemes of self-aggrandizement, and 
in devising measures to increase our distractions in the States not 
in rebellion. Behold their record ! The accumulated evidence 
that has been piled up mountain high against the thieving and 
jobbing villains that continually hang over the fallen, bleeding, 
struggling form of our liberties, like birds of evil prey, day and 
night, seeking some new quarry they may pounce upon and devour. 
They seem not to be satisfied with the gigantic rebellion that the 
armies and navy of the nation have been struggling for two years 
to subdue in the insurgent States, but they must exasperate the 
people here by the abolition of slavery in the District of Columbia 
— by the passage of a law permitting the testimony of negroes in 
certain cases against the whites — by the repeal of the law against 
the transportation of the mails by negroes — by the amendment of 
the law, so as to make it a high offense for an officer of the army 
to return a runaway slave to his master — by a refusal to make it 
an offense of like character for an officer to entice away a slave — 
by the passage of a law recognizing as our equals the negro gov- 
ernments of Liberia and Hayti — by the passage of a confiscation 
bill, aimed at slavery — by the passage of an act authorizing the 
President to call negroes into military service — by the passage of 



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a law postponing the investigation of frauds against the Govern- 
ment for two years — by the passage of an unconstitutional indem- 
nification act — in short, by a persistent and unremitting course of 
Jeg-islation that the country does not need^ does not ask for^ that is 
now denounced every day, and that sooner or later the peo^/e will 
overwhelm by repudiation and repeal. And the programme has 
been that all these wrongs must be endured by the people, or they 
should be arrested and imprisoned for it. '' Eternal vigilence is the 
price of liberty." Let those in authority recollect that the American 
people learned that precept from one of clean hands and pure 
heart, at the feet of the greatest political Gamaliel of his age. 
They will not forget it as a principle, and they will not surrender 
it as a right. 

We will next notice the arrests of citizens of Switzerland 
county. With all the care we have been able to bestow upon these 
cases, we have been unable to discover any cause for the arrest. 
The parties themselves know of none, and only conjecture that 
they were arrested because they were " Democrats, and did not 
agree with the President in regard to the manner of prosecuting 
the war." Several private citizens were seized, abused by vile 
epithets, and maltreated in various ways, imprisoned and half 
starved for many days, without any known cause. Among these 
prisoners was one who had been honored by his fellow citizens 
with distinction. Yet they were carried beyond the State, without 
legal authority, and at last discharged without a hearing. 

Whatever may be said or thought, by the friends of the Gov- 
ernor of the State, in reference to arrests made upon the supposi- 
tion that the draft law had been, or was about to be obstructed, 
there can, it appears to us, be but one opinion about his duty in 
regard to the arrests now under consideration. His duties are 
defined in the Constitution of the State. Among other things it 
is declared by that instrument that " lie shall take care that the laws # 
be faithfully executed^ — Art. 5, sec. 16, Const, of Ind. That he 
would faithfully discharge that duty was a part of his oath of 
office. — Art. 15, sect. 4, Const, of Ind. At that time we had 
on our statute book, (2 R. S., p. 400,) a section to the effect 
that it should be deemed a felony for any person ^^ forcibly and 
unlawfully to arrest any person and carry such person to parts 
without the State of Indiana,''^ and the punishment was fine and 
the penitentiary. Plainly and without cavil this law was in those 
instances violated. There was not even the poor plea of the tyrant 



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— necessity, for the act. It was a palpable vielation of the Con- 
stitution of the United States, fourth amendnnent, and that of 
Indiana, Art. 1, sec. 2, which were intended to 'secure the citizen 
against " unreasonable seizure." 

In the face of all this, and of his sworn duty, the Governor did 
not move a finger to protect these citizens from arrest, or to obtain 
their release afterward. To the reverse the evidence tends to 
show that he was instrumental in procuring such arrests, upon the 
representations of a man of such bad character^ that he could not 
obtain a license to sell whisky. We hope, for the dignity of the 
office Governor Morton accidentally fills, that there has been some 
misapprehension about this aflair; but if the truth has been pre- 
sented to us, into what a profound depth of infamy some men's 
partisan feelings will sink them. 

Governor Morton has seen fit to pursue a very arbitrary and 
self-opinionated course in regard to the arrests made in Indiana. 
He has kept his lips sealed; but not one intelligent man, woman, 
or child in the State doubts that he has been the sole cause of 
every arrest that has been made — at all events, that he could have 
prevented every one of them, and had all violations of law, if any 
have been made, corrected by the Courts. 

In an early period of the session of the Legislature, the follow- 
ing preamble and resolution was adopted ; 

"Whereas, The Secretary of War, in his last official report, 
has declared that the several arrests made throughout the various 
States were made by the advice an^ with the consent of the seve- 
ral Governors thereof; therefore, be it 

"Resolvedj That His Excellency, Governor O. P. Morton, be 
requested to furnish this House with the facts in regard to the 
arrests that have been made in the State of Indiana." 

For sixty-one days the Legislature was in session, but not one 
word of reply did his Excellency, the Governor, ever make to the 
foregoing resolution. Who, then, has any doubt as to the cause of 
his silence? 

We are unable to conjecture what kind of a defense the impli- 
cated parties will have to offer in answer to all this; but it will 
doubtless be the old plea of the tyrant — military necessity. 

Republican journals, for the past year, have been crowded with 
allusions to the conduct of General. Jackson at New Orleans. 
When or how these gentlemen have consented to make a model 
of this great hero of popular rights, the Committee have been 



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unable to ascertain^; doubtless, their enterprise commenced since 
the time they plastered every section corner-post of the land with 
the coffin handbills that were intended to cover his name and 
greatness with contumely and infamy. 

Btit let us examine General Jackson's record a little, and see 
how far President Lincoln's case is similar to it. When General 
Jackson issued his proclamation in regard to the nullification of 
South Carolina, he also called the attention of Congress to the 
fact that South Carolina had sustained wrongs that must be cured. 
South Carolina complained of the tariff laws, and contended that 
they discriminated in favor of certain interests, prejudicial to her 
ofwn, and upon this threatened nullification. General Jackson was 
equal to the emergency; but while he asserted the power of the 
Government to maintain its laws, he also recommended that the 
cause of complaint be eradicated. On the 4th day of December, 
1832, he said: " What shall then be done? Large interests have 
grown up under the implied pledge of our national legislation, 
which it would seem a violation of public faith suddenly to aban- 
don. Nothing could justify it but the public safety, which is the 
supreme lawP 

General Jackson desired to sustain the Government, and he did 
sustain it, but he told Congress it must be done upon just and 
equitable principles. 

How is President Lincoln's record on* this score ? For two 
years the Government has been engaged in prosecuting a gxeat 
war— for what purpose ? Beqause certain States have nullified 
the laws of the Government. How is it with a portion of the 
Northern States, who, in the beginning, were the most opposed to 
compromise, and the most in favor of war and the 'shedding of 
fraternal blood? How is it with Massachusetts? Has she never 
nullified the laws, and set at naught the Constitution? If her 
laws are to be legitimately understood, is she not this very day in 
a state of nullification? On her statute book, page 741, sec. 60, 
we find the following law: 

" No person, while holding any office of honor, trust, or emolu- 
ment, under the laws of this State, shall, in any capacity, take cog- 
nizance of any case, issue any warrant or other process, or grant 
any certificate, under or by virtue of an act of Congress, approved 
the 12th day of February, 1793, entitled 'An Act respecting fugi- 
tives from justice, and persons escaping from the service of their 
masters,' or under or by virtue of an act of Congress, approved the 



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18th day of September, 1850, entitled 'An Act to amend, and sup- 
plementary to 'An Act respecting fugitives from justice, and persons 
escaping from the service of their masters,' or shall in any capacity 
serve such warrant or other process. Any justice of the peace, who 
offends against the provisions of this section, by directly or iftdi- 
rectly acting in such cases, shall forfeit a sum not exceeding one 
thousand dollars, or be imprisoned in jail not exceeding one year 
for each offense.'" 

There is the law as it stands on the statute book this day. Has 
Mr. Lincoln, like Jackson, ever advised its repeal, that^,the Northern 
States in prosecuting a gigantic war against the Southern States, 
might do it with clean hands! He has done nothing of the kind. 
On the contrary, this little, seditious, plodding, plundering State of 
Massachusetts has controlled the whole policy of this war. And 
in doing this, she has made the war a means of speculation. Her 
delegates in Congress have devised more draft laws and conscrip- 
tion laws than all the other States put together — and yet how does 
she stand on the record? The population of the State of Indiana, 
as evidenced by the late census reports, is 1,300,000, and the popu- 
lation of Massachusetts 1,200,000 in round numbers, and yet 
Indiana, under the various calls of the President, and by draft, has 
furnished the United States army 102,000 soldiers, and Massachu- 
setts only about 70,000 — the draft law, too, be it remembered, was 
strictly enforced in Indiana, and is not, to this day, completed in 
Massachusetts. 

But the President is justified by his adherents, under the omni- 
potent plea of " military necessity." They do not pretend to put 
any limitations upon it, and all who do not agree that the proposi- 
tion is correct, are summarily denounced as disloyal. If these 
gentlemen would consent to read and reflect a little, they would 
discover they are at war with the principles of the greatest, the 
wisest, and the most learned law writers who have treated of this 
subject. 

In Johnson v. Duncan, 3 Martin, 531, Judge Derbigny says: 
" To have a correct idea of martial law in a free country, examples 
must not be sought in the arbitrary conduct of absolute govern- 
ments. The monarch who unites in his person all the powers, may 
delegate to his generals an authority as unbounded as his own. 
But in a Republic, where the constitution has fixed the extent and 
limits of every branch of the government in time of war, as well 
as of peace, there can exist nothing vague, uncertain, or arbitrary, 



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in the exercise of any authority. Can it be asserted, that while 
British subjects are secured against oppression in the worst times, 
American citizens are left at the mercy of the will of an individual 
who may, in certain cases, the necessity of which is to be judged of 
by himself assume a supreme, overbearing, unbounded power! 
The idea is not only repugnant to the principles of any free gov- 
ernment, but subversive of the very foundations of our own." 

Sir Edward Coke says : " If a lieutenant, or other that hath com- 
mission of martial authority, in time of peace, hang, or otherwise 
execute, any man by color of martial law, this is murder ; for this 
is against Magna Charta, chap. 29, and is done with such power 
and strength as the party can not defend himself; and here the law 
implieth malice." 3 Inst. 52, 53. 

Sir William Blackstone says: ^^ For martial law, which is built 
upon no settled principles, but is entirely arbitrary in its decisions, 
is, as Sir Matthew Hale observes, in truth and reality, no law ; but 
is something indulged in rather than allowed as a law. The neces- 
sity of order and discipline, in an army^ is the only thing which can 
give it countenance." 

Lord Mansfield says : " To lay down, in an English court of 
justice, such a monstrous proposition as that a Governor, acting by 
virtue of letters patent tinder the Great Seal, is accountable only 
to God and his own conscience; that he is absolutely despotic, and 
can spoil, plunder, and affect his majesty's subjects, both in their 
liberty and property, with impunity, is a doctrine that can not be 
maintained." — Cowp. 175. 

Chief Justice Taney says: "The movement upon Chihuahau 
was undoubtedly undertaken from high and patriotic motives. It 
was boldly planned and gallantly executed, and contributed to the 
successful issue of the war. But it is not for the court to say 
what protection or indemnity is due from the public to an officer 
who, in his zeal for the honor and interest of his country, and in 
the excitement of military operations, has trespassed upon private 
rights. That question belongs to the political department of the 
Government. Our duty is to determine under lohat circumstances 
private property may be taken from the owner ^ by a military officer^ 
in time of war. And the question here is, whether the law permits 
it to be taken to insure the success of any enterprise against a public 
enemy ivhich the commanding officer may deem it advisable to under- 
take. And we think it very clear that the law does not permit itJ^ — 
13 How. 135. 



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Read what General Washington says : '' That every officer and 
soldier will constantly bear in mind that he comes to support the 
laws, and that it would be pecuharly unbecoming in him to be, in 
any way, the infractor of them; that the essential principles of free 
government confine the province of the military^ when called forth 
on such occasions^ to two objects; first, to combat and subdue all 
who may be found in arms m opposition to the national will and 
authority; secondly, to aid and support the civil magistrates in 
bringing offenders to justice. The dispensation of this justice 

BELONGS to THE CIVIL MAGISTRATES; AND LET IT EVER BE OUR PRIDE 
AND OUR GLORY TO LEAVE THE SACRED DEPOSITE THERE INVIOLATE." 

Irving's Life of Washington, vol. 5, chap. 25. 

General Washington never sanctioned the doctrine that martial 
law could be declared over American citizens. In his Farewell 
Address he took precisely the opposite ground of this^ theory. 
Here is what he said on that question: "It is important, likewise, 
that the habits of thinking, in a free country, should inspire cau- 
tion in those intrusted with its administration, to confine them- 
selves within their respective constitutional spheres; avoiding, in 
the exercise of the powers of one department, to encroach upon 
another. The spirit of encroachment tends to consolidate the powers 
of all the departments in one^ and thus to create^ whatever the form 
of government^ a real despotism, A just estimate of that love of 
power and proneness to abuse it which predominates in the human 
heart, is sufficient to satisfy us of the truth of this position. The 
necessity of reciprocal checks in the exercise of political power, by 
dividing and distributing it into different depositories, and consti- 
tuting each the guardian of the public weal against the invasions 
of the other, has been evinced by experiments, ancient and modern, 
some of them in our own country, and under our own eyes. To 
preserve them must be as necessary as to institute them. If, in the 
opinion of the people, the distribution or modification of the con- 
stitutional powers be in any particular wrong, let it be corrected by 
an amendment in the way in which the Constitution designates. 
But let there be no change by usurpation; for though this, in 
one instance, may be the instrument of good, it is the cus- 
TOMARY weapon by which FREE GOVERNMENTS ARE DESTROYED. 

The precedents must, always, grExYTLy overbalance, in perma- 

MENT evil, any PARTIAL OR TRANSIENT BENEFIT WHICH THE USE CAN, 
AT ANY TIME, YIELD." 

In regard to General Jackson's connection with the New Orleans 



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affair, in which the friends of this Administration find so much to 
justify President Lincoln for the absurd and despotic course he 
has seen fit to pursue, the Committee would refer the reader to a 
, very able paper prepared on this subject by one of the ripest law- 
yers and most proficient statesmen of Ohio. "We give the follow- 
ing extract: 

"There is no question that on the 16th of December, 1814, 
General Jackson declared the city of New Orleans and its environs 
to be under 'strict' martial law; but, inasmuch as he was then 
acting as a military commander, in charge of the seventh military 
district, the precedent (granting all that has been claimed for it) 
can be of no avail unless sanctioned by the Government of the 
United States as a lawful exercise of power. The truth is, how- 
ever, that the Government did not sanction it, and expressly disap- 
proved it. (Letter of the Secretary of War to General Jackson, 
April 12, 1815.) The reason why no further notice was taken of 
the affair at the time is, that Jackson submitted, like a patriot and 
real soldier as he was, the moment his error was pointed out. 

" He never claimed authority to suspend the privilege of habeas 
corpus^ except in the city of New Orleans and its immediate neigh- 
borhood, and while invasion was actual or imminent. He never 
dreamed, for an instant, of such enormous and inexcusable usurpa- 
tions as we now see, almost every where, and on all occasions, 
practiced by military commanders. The acts of Congress then in 
force gave him a right to call upon the State of Louisiana for the 
services of every able-bodied citizen; and he had, with the assent 
of the State authorities, placed all who were capable of bearing 
arms under orders to be in readiness, as soldiers, upon brief and 
sudden notice. It was upon the idea that he thus commanded the 
entire population, as persons liable to military duty at once, and 
therefore subject to military law, and not upon the notion (at pre- 
sent so much in vogue) that a General can, by proclamation or 
otherwise, constitute himself an irresponsible dictator over the 
lives and liberties of his fellow-citizens, that Jackson assumed to 
act." 

General Jackson himself, in his address of March 3, 1837, has 
given to the American people some serious admonitions upon the 
subject now under discussion. He says : — " It is well known 
that there have always been among us those who wish to enlarge the 
powers of the General Government; and experience would seem to 
indicate that there is a tendency on the part of this Government to 



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overstep the boundaries marked^ out for it by the Constitution. 
Its legitimate authority is abundantly sufficient for all the pur- 
poses for which it was created ; and its powers being expressly 
enumerated, there can be no justification for claiming any thi^ 
beyond them. Every attempt to exercise power beyond these limits 
should be promptly and firmly opposed. For one evil example will 
lead to other measures still more mischievous ; and if the principle 
of constructive powers^ or supposed advantages^ or temporary chxum- 
stances^ shall ever be permitted to justify the assumption of a power 
not given by the Constitution^ the General Government will, before 
long, absorb all the powers of legislation, and you will have, in effect^ 
but one consolidated Government From the extent of our country, 
its diversified interests, different pursuits and different habits, it is 
too obvious for argument that a single consolidated government 
would be wholly inadequate to watch over and protect itsdnterests ; 
and every friend of our free institutions should be always prepared 
to maintain unimpaired and in full vigor, the rights and sovereignty 
of the States, and to confine the action of the General Government 
strictly to the sphere of its appropriate duties^ 

Thomas Jefferson has also left on record certain admonitions 
with reference to this subject that the true friends of Democratical 
principles will never cease to respect. In a letter he wrote at 
Paris to Mr. Donald, February 7, 1788, he expresses the wish that 
certain States would insist upon a declaration of rights in the 
final ratifiication of the Constitution of the United States. 

"By a declaration of rights," said this great philosopher, 
"I mean one which shall stipulate freedom of religion, freedom 
of the press, freedom of commerce against monopolies, trial by 
juries in all cases, no suspension of the habeas corpus, no standing 
armies. These are fetters against doing evil which no 
HONEST Government should decline." 

On the 4th day of March, 1801, Mr. Jeffer&on insisted upon the 
following fundamental principles of government under our Con- 
stitution, and, as he was one of its original framers, he certainly 
better knew what it means than Mr. Lincoln does. 

" The Supremacy of the Civil over the Military Authority:' 

" The Arraignment of all abuses at the bar of Public Reason:' 

" Freedom of the Press:' 

" Freedom of Person, under the Protection of the Habeas 
Corpus." 

Trial by Juries Impartially Selected:' 



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^' These principles " said the great Jefferson, " form the bright 
constellation which has gone before us, and guided our steps 
through the age of revolution and reformation. The wisdom of 
OM0 sages, and the blood of our heroes have been devoted to their 
attainment. They should be the creed of* our political faith, the 
text of civil instruction, the touchstone by which to try the services 
of ihose ive trust. And should we wander from them, in 

MOMENTS OF ERROR AND ALARM, LET US HASTEN TO RETRACE OUR 
STEPS, AND TO REGAIN THE ROAD WHICH ALONE LEADS TO PEACE, 
LIBERTY, AND SAFETY." 

But the Committee decline to pursue this discussion any further, 
the evidence is given in full — the public may take it and weigh it 
for themselves. Afterwhile they will pass their verdict upon it — 
when those now in power will be brought back to a just realization 

THAT THB PEOPLE ARE THE GOVERNMENT, AND THAT THEY WILL 
NEVER YIELD UP THEIR PRECIOUS LIBERTIES NEVER. 

JASON B. BROWN, 
BAYLESS W. HANNA, 
O. S. GIVEN, 
JONAS G. HOWARD, 
EDWIN. P. FERRIS, 
CHARLES B. LASSELLE, 
SAMUEL A. SHOAFF. 



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EVIDENCE. 



CASE OF DR. THEODORE HORTON. 

Dr. Theodore Horton being first duly sworn, teetified as follows: 

Question by Mr. Howard — 

State when, where, and in what manner you were arrested, 
together with your name, age, occupation, your place of residence, 
and for what period you have lived at your present place of resi- 
dence, and where and how long you were held in custody. 

Answer — My name is Theodore Horton. I am thirty-nine years 
of age; a practicing physician; reside at Bluftton, Wells county, 
State of Indiana; have resided there for the last fifteen years. I 
was arrested by W. H. Fitch on or about the 9th day of October, 
1862, upon an order from D. G. Rose. On that night, at about 
eleven o'clock, and some time after I had retired to bed, I was 
aroused by a loud knock at my door; I bade the person to step in, 
and upon his doing so, I inquired what he wanted; he informed 
me that he wanted the assistance of a surgeon, as a friend had 
broke his leg, about three miles from town, on the road to Murray. 
I inquired the name of -the person who had broke his leg, and was 
informed that it was Johnson. I then said that I knew of no per- 
son of that name living in that vicinity, when I was informed that 
he was a stranger, and that he was on his way to Bluff'ton riding 
in a covered carriage, and in the darkness of the night they had 
unfortunately upset, thrown him out and broken his leg. The 
messenger, who proved to be W. H. Fitch, informed me that he 
had his carriage at my door, and if I saw proper I could ride with 
him. I tried to excuse myself, but Fitch insisted, and I finally 
consented to ride with him on condition that he would bring me 
back after I had performed his service. This he gave me the full- 
est assurance he would do. I then got into his carriage, and took 
the back seat. Mr. Fitch got in beside, and a person whom I 
afterward learned was Frank Burrass, got in, and seating himself 



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upon the front seat, took up the reins and drove off. We had gone 
about two miles from town, when Mr. Fitch remarked, as he was 
sitting upon my left side, that his arm was very sore beating 
against the side of the carriage; that he would be glad to exchange 
seats with me. I at once complied with his request, and changed 
seats with him. As soon as he had become seated, he said: "It 
is no use keeping this thing from you any longer. I am an officer, 
apd have been sent by Provost Marshal Rose to arrest you, 
and bring you at once before him at bite office in Indianapolis." 
I told him that I regretted that he had made the arrest in the 
manner he had, but would be better satisfied if he would turn back 
and let me inform my family where I was going, that they might 
not feel so uneasy about my absence, and also that I might have 
an opportunity to make some necessary changes in my apparel. 
Mr. Fitch informed me that it was out of the question, as he had 
to be at Huntington at 5 o'clock, A. M., to meet the train, and that 
he would not miss it for a hundred dollars. I then inquired for his 
authority. He informed me that he had it, but the darkness of the 
night being made impenetrable by clouds and rain, I could not 
read it until we arrived at some place where we could have the 
convenience of a light, which did not occur until we reached Hunt- 
ington. Here Mr. Fitch put into my hands an order, issued by 
Marshal Rose, directing Messrs. Fitch and Bisbing to arrest me 
and bring me before him, at his office at Indianapolis. No crime 
was alleged or charge made, and Mr. Fitch informed me that he 
was entirely ignorant as to what the offense was upon which the 
arrest was made. At Huntington we got in company with Bis- 
bing, who had accompanied Mr. Fitch to assist in making the 
arrest, but, in consequence of indisposition, was compelled to 
remain at that place. 

In about three hours the train for Peru arrived, and I was put 
on board, and brought to Indianapolis. I was taken to the Federal 
Building and delivered to Marshal Rose, who conducted me to an 
apartment in the building and locked me in by myself I remained 
here about three days, before I was aware of what the nature of 
the charge was for which I had been arrested and thrown into 
prison. Then, at my request, Marshal Rose brought forward an 
affidavit made by one John Phipps, an entirely irresponsible per- 
son, alleging that upon a certain occasion I had made use of 
language calculated to discourage enlistments. 

I at once desired an examination, knowing the charge to be 



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most flagitiously false, and believing that they were founded in 
personal malice, made alone for the purpose of gratifying the 
basest passions of human nature, and perfecting a political con- 
spiracy and intrigue, through the flagrant usurpation of power by 
government officials. But all efforts to obtain an investigation 
were unsuccessful, and after being kept in confinement for five 
weeks, was released by Marshal Rose, who informed me I 
was /'a free man," and was "at liberty to go where I pleased." 
It is my impression that the affidavit of Phipps was made on the 
sixth day of October last, and I was arrested on the ninth of the 
same month. 

Question by Mr. Hanna — 

State whether you ever made a request for examination or 
trial as to the causes of your imprisonment? 

Answer— Yes, sir; I requested Mr. Rose to inform me ; and I 
thought Mr. Rose had a discretionary power in the matter. My 
attorneys told me they could do nothing, as there were no prece- 
dents in law — no law governing the case. 

Question by Mr. Hanna — 

State what Mr. Rose's response was to your question in that 
matter ? 

Answer — He said he had no discretionary power, but that he 
had telegraphed to Washington City, to the authorities there, for 
instruction, and was awaiting a response, expecting it from day 
to day, until the period of my release, for some weeks. For 
the first week or two, we were questioning him from day to day. 

Question by Mr. Hanna — 

State whether at any time during your duress, Mr. Rose ever 
informed you by what authority you had been arrested, and by 
what authority he acted in the premises? 

Answer— -He never did. 

Question by Mr. Hanna — 

State whether you ever had any conversation with Governor 
Morton on the subject of your arrest during your confinement? 

Answer — Not during my confinement. 

Question by Mr. Hanna — 

Is the affidavit upon which you were arrested in your possession? 

Answer — It is not. 

Question by Mr. Hanna — 

Do you remember the substance of that affidavit? 
C. A. A.— 3 



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V 

Answer — I do hot recollect its date, but I do recollect the sub- 
stance of it. 

Question by Mr. Hanna — 

State the contents of the affidavit as near as you can recollect? 

Answer — It asserted that in the speech that I made that this was 
an Abolition war, and that Abe Lincoln's proclamation of Sep- 
tember 22, capped the climax of the Abolition policy; that in 
appealing to the audience I asked them whether they w^ould enlist 
to fight to free the negroes, and that I responded myself to the 
question, " no, no ! you will not." This was about the substance 
of it, but there were other points I do not remember. 

Question by Mr. Hanna — 

Do you know Phipps, the affiant you have alluded to, when you 
see him ? 

Answer — Yes sir, I do. 

Question by Mr. Hanna — 

Was he present at the time you made this speech referred to? 

Answer — He was. 

Question by Mr. Hanna — 

Are you acquainted with his general character in the neighbor- 
hood where he lives for truth and veracity ? 

Answer — I am. 

Question by Mr. Hanna — 

What is it? 

Answer — It is bad. 

Question by Mr. Hanna — 

Are you acquainted with his condition as to means and property? 

Answer — I am. 

Question by Mr. Hanna— 

State whether he is responsible for his contracts ? 

Answer-— He is irresponsible. 

Question by Mr. Hanna — 

Do I understand you to say you were arrested on the night 
of the ninth of October? 

Answer — Yes, sir; I was. 

Question by Mr. Hanna — 

About what time? 

Answer — About eleven o'clock, p. m. 

Question by Mr. Hanna— 

When were you discharged? 

Answer — I think it was about the thirteenth day of November. 



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Question by Mr. Hanna — 

Did they pay your expenses home after your discharge ? 
Answer — I paid my own expenses. 
Question by Mr. Hanna — 

State what conversation occurred between you and Colonel 
Rose, or any other officer having you in duress, at the time of 
your discharge? 

Answer— All the conversation that took place between myself 
and Colonel Rose, at the time of my discharge, was this: he said 
" I have the pleasure to inform you that you are a free man. You 
are at liberty to go where you please." 
Question by Mr. Hanna — 

State when and where you made the speech alluded to in 
Phipp's affidavit. 

Answer— In Nottingham township, Wells county, Indiana. The 
precise day I do not remember. It was about the second day of 
October last. 

Question by Mr. Hanna — 

Did you, at any time after your arrest upon Phipps' affidavit, 
have any trial or examination before any court or officer whatso- 
ever, as to the causes of your arrest ? 

Answer— No, sir; I was discharged without any trial. 
Question by Mr. Brown — 

What was the^ occupation of Colonel Rose at the time of your 
arrest and imprisonment ? 

Answer— He was acting as Provost, and U. S. Marshal, for the 
District of Indiana. 

Question by Mr. Given — 

State what is the age of Mr. Phipps ; if he is an able-bodied 
man, and what political party he acts with, and belongs to ? 

Answer— I should judge him to be a man of about thirty years 
of age, able-bodied, and a Republican. 

Question by Mr. Given — 

State what political party you acted with at the time of your 
arrest? 

Answer— With the Democratic party. I never acted with any 
other. ^ 

Question by Mr. Hanna — 

State, Doctor, whether you ever made the declarations alleged 
against you in Phipps' affidavit? 

Answer— I did not, as quoted in the affidavit. 



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Question by Mr. Hanna — 

State whether it was your purpose, in the speech referred to, to 
embarrass enlistments under the order of the President of the 
United States? 

A.nswer— I had no thought, intention, or desire of doing so. 

Question by Mr. Brown — 

State whether you did not produce to Colonel Rose the affidavit 
of several of your responsible neighbors, who heard the speech 
referred to in Phipps' affidavit, alleging that the statements in 
Phipps' affidavit were false? 

Answer I produced to Colonel Rose an affidavit, with the sig- 
natures of sixteen persons who heard the speech referred to by 
Phipps, and one or two other affidavits, asserting that the state- 
ments made by Phipps, in his said affidavit, were false, and the 
persons who made these affidavits were all citizens of the imme- 
diate neighborhood in which the speech was made. 

Question by Mr. Gregory — 

State by whom this meeting was called, and what was the 
object of the same, at which you made the speech alluded to. 

j^j^s^,er— The meeting was called by the candidate upon the 
Republican ticket for Representative, A. B. Jetmore, and was called 
for the purpose of discussing the political topics of the day. 
Question by Mr. Gregory — 

By whom were you called out to make a speech upon that occa- 
sion? 

A.nswer — By the Democrats living in the vicinity of the place 

where the speech was made. 

Question by Mr. Gregory— 

State, as near as you can, what was your language in regard to 
the policy of the present Administration, in carrying on this war, 
as to the negro question? 

Answer— As near as I can recollect, I stated that I believed that 
it was the policy of this Administration to abolish slavery, and 
that I considered that Abolitionism was as much opposed to the 
existence of the Union as Secessionism ; that I considered in the 
(Conflict v^diich then overwhelmed the country, that we had enemies 
•at the North as well as at the South; that we proposed to meet 
i:hese enemies in the North at the ballot-box, and by the little paper 
ballots, which drop as the silent snow-flake, to sweep the AboUtion 
minions from power; and while we thus relieved the GovBrnment 



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from their oppressive hands, it was also our duty to shoulder our 
muskets and put down Secessionism with bullets. 

Question by Mr. Gregory — 

State when you were first shown the affidavit upon which you 
were arrested? 

Answer — I think it was on the 14th or 15th of October, a few 
days after I was arrested. 

Question by Mr. Gregory — 

State how you were treated, as to privileges granted you, while 
you were in the custody of the United States Marshal. 

Answer — I could not complain of the treatment. 

Question by Mr. Baker — 

How long before you were released from confinement that you 
received the affidavits stating that Phipps' affidavit was false? 

Answer — About three weeks. 

Question by Mr. Baker — 

Have you the affidavits? 

Answer — I have them at home. 

Question by Mr. Baker — 

Did these men who made the affidavits contradicting Phipps' 
affidavit, know the language that Phipps had employed in the 
affidavit he made against you upon which you were arrested? 

Answer — I procured a copy of Phipps' affidavit and sent it to 
them, and suppose they did. 

Question by Mr. Gregg— 

Did Colonel Rose know any thing about what- the affidavit you 
handed him contained? 

Answer — Only what I told him, and that was that they were 
the affidavits of citizens who were at the meeting spoken of by 
Phipps, contradicting Phipps' statements. When I handed the 
affidavits to Rose, he said that he had not time to examine them. 
He took them and laid them on the mantle-piece, and I then told 
him that if he could not examine them that I would keep them 'in 
my possession until he had time 'to examine them. He never 
called for them. 

Question by Mr. Hanna — 

State whether or not you have, at any time during the present 
hostilities, endeavored, by your personal influence and your means, 
to assist the Government in procuring recruits for the army of the 
United States? 

Answer — I have, by assisting companies with money as they 



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were about to leave our place, and so assisted in getting up recruits 
at meetings called for that purpose. 

Question by Mr. Shoaff — 

Was there more than one affidavit made against you embodying 
the substance of Phipps' affidavit? 

Answer — I don't know that there were others. 

Question by Mr. Shoaff — 

Did you understand at the time that there was an order of the 
Secretary of War making the discouragement of enlistments a 
penal offense ? 

.Answer — I did. 

Question by Mr. Brown — 

State whether during your imprisonment there were any other 
persons imprisoned with you upon charges similar to the one upon 
which you were imprisoned ; and if so, who were they? 

Answer — There were two others confined in the same room with 
me upon similar charges— Richard Slater, of Dearborn county, and 
Harris Reynolds, of Fountain county. 

Question by Mr. Brown— 

Were they discharged at the same time, and in the same man- 
ner, that you were ? 

Answer— Mr. Slater was, but Mr. Reynolds was discharged 
some two weeks prior to our discharge, and I understand upon 
condition that he would furnish a substitute for himself in the 
army, he being drafted. 

Question by Mr. Brown — 

Are you certain that you were arrested and imprisoned before 
the State election? 

Answer — I am ; some three days before the election. 

Question by Mr. Baker — 

What company was it you assisted, by money or otherwise, 
in getting off to the army ? 

Answer — I assisted Captain Peter Studebaker's company, and 
some five others, which were raised in our county. 

Question by Mr. Baker — 
In what manner did you assist them ? 

Answer — In giving money to assist the companies off; and 
being the leader of a band of music, furnished free music at 
numerous meetings called for the purpose of soliciting volunteers \ 
and in escorting companies on their road to Indianapolis. 



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Question by Mr. Lasselle — 

State if you, during your imprisonment, were called as a physi- 
cian to visit some of the Blackford county prisoners, who were 
sick in other rooms ; and if so, your judgment as to their treat- 
ment, the cause of their illness, &c. 

Answer — 1 was so called by Colonel Rose ; I found them con- 
fined in very small cells, in which there were no side windows ; 
but a small, closed sky-light ; no ventilation except through the 
small interstices of the iron doors. The rooms were filthy, and 
not fit for the confinement of prisoners. I found several of them 
seriously ill, and attribute their disease to the unhealthiness of the 
prison — perhaps aggravated by improper diet. 

THEODORE HORTON. 



State of Indiana, ) 
Wells County, \ ^^' 

We, Jerome RufF, John M. Powers, Rannals Walser, George J. 
Gottschalk, John Gottschalk, George Dulinsky, Wm. Dulinsky, 
Matthew Long, Cyrus Marsh, Benneville Sawyer, John A. Sawyer, 
Amos Gehrett, and E. A. Horton, of lawful age, residents of the 
county and State aforesaid, upon our oaths depose and say: That 
on the 2d day of October, 1862, we attended a political meeting in 
Nottingham township, Wells county, Indiana, which said meeting 
was appointed for the purpose of discussing the political issues be- 
fore the country, by one A. B. Jetmore, candidate for State Repre- 
sentative for the counties of Blackford and Wells; that one John 
Phipps, of company A, Thirty-Fourth Regiment Indiana Volun- 
teer Infantry, was present at said meeting, for the purpose of pro- 
curing volunteers ; that Theodore Horton, (now under arrest upon 
a charge of then and there discouraging enlistments, which said 
charge said Phipps, on the 6th of October, 1862, made affidavit to 
before one Dwight Klinck, a notary public in and for said county 
and State,) was also present at said meeting; that said Horton, 
after said Jetmore and said Phipps had concluded their efforts on 
the occasion, was called for by a large number present, to address 
them; that said Horton distinctly inquired, before he responded to 
that call, if said Jetmore and said Phipps had concluded their 
labors for the evening, and not until he had received from those 
gentlemen an affirmative response to his said inquiry, did. said 
Horton proceed to address said meeting. And deponents say that 
their understanding of the purpose of said Horton being so called 



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upon to address said meeting, and of his responding to said call, 
was to answer said Jetmore's political speech, and for such purpose 
only. 

Deponents further say, they were present during the entire re- 
marks of said Horton then and there made; that they paid strict 
and close attention to those remarks; that if the language imputed 
to said Horton by said Phipps in his said affidavit, to-wit: "I 
always knew this was an Abolition war — the President's proclama- 
tion tops the Abolition climax — you have been asked to-night to 
volunteer — did you do it? Np, you are not a-going to volunteer. 
The speaker called for volunteers— how many did he get? None. 
You are not going to volunteer under such a policy — no, not one. 
The persons in power are all Abolitionists, and all who uphold 
the Administration in its policy are Abolitionists. We will put 
the Democrats in power, and then we will shoot down the Abo- 
litionists," had been used by said Horton then and there, deponents 
would remember it ; that said Horton did not use said language, 
nor any language calculated to discourage enlistments, but on the 
contrary, said Horton then and there spoke in substance as follow, 
to wit: " That the country had been forced into this war by the 
disunion Abolitionists of the North and the fire-eating Secession- 
ists of the South ; that there was left us but one course, namely, 
to shoulder our muskets and destroy the rebels of the South with 
bullets, and to meet the" Abolitionists at the ballot-box, and by the 
mighty power of those little paper ballots, which drop as the 
silent snow-flake, to sweep from power the Abolition element in 
the Government, and restore it to the glory and power in which 
our fathers bequeathed it to us ; " that said Horton then and there 
uttered no language expressing hostiUty to the Government, or 
calculated to discourage enlistments, unless the foregoing be so 
regarded. 

And deponents further say that, in answer to an inquiry then 
and there put to him by said Jetmore, in substance, whether or 
not he, said Horton, was in favor of putting down the Rebellion, 
said Horton distinctly and emphatically said " he was in favor of 
putting down the Rebellion, and that the war should be carried on 
until that purpose was accomplished." 

Deponents further say that there were present at said meeting 
about thirty or forty persons. * 

And further deponents say not. 

JEROME B. RUFF, 
JOHN M. POWERS, 
RANNALS WALSER, 
GEORGE J. GOTTSCHALK, 
JOHN GOTTSCHALK, 18 years old, 
GEORGE DULINSKY, 17 years old, 
WILLIAM DULINSKY, 
MATHEW LONG, 



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CYRUS MARSH, 
BENNEVILLE SAWYER, 
JOHN A. SAWYER, 
AMOS GEHRETT, 
E. A. HORTON. 



State of Indiana^ Wells Connty^ ss : 

Personally appeared before me, the undersigned Justice of the 
Peace, in and for said county, Jerome B. Ruff, John M. Powers, 
Rannals Walser, George J. Gottschalk, John Gottschalk, George 
Dulinsky, William Dulinsky, Mathew Long, Cyrus Marsh, Benne- 
ville Sawyer, and John A. Sawyer, and subscribed and made oath 
to the foregoing affidavit, this 17th of October, 1862. 

In testimony whereof, I hereunto set my hand and seal, this 
17th day of October, 1862. 



SEAL. I 



DAVID MYERS, J. P. 



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THE BLACKFORD COUNTY CASES. 



ANDREW BRICKLEY AFFIRMED. 

Examined by Mr. Ferris^ — 

Answer— My name is Andrew Brickley ; age thirty-three years. 
I reside at Hartford City, Blackford county, Indiana. I have 
resided in Blackford county about eight years, and in the town of 
Hartford City about two years. My occupation is that of a sad- 
dler and harness maker; I am, at present, sheriff of Blackford 
county. 

I was arrested by Thomas Browne, of Winchester, at Hartford 
City, on or about the 8th of October, 1862, upon a charge, as 
Browne alleged, that I had aided and abetted in resisting the draft. 
In making the arrest, he said that he arrested me upon affidavits 
that had been filed by citizens against me, but refused to show me 
any authority for making the arrest. Browne was accompanied 
by a file of soldiers sonje ten or twelve strong, under his command. 
After my arrest I was taken to Indianapolis, by soldiers detailed 
for that purpose. Then I was placed in the Government Bastile— 
that is the Post Office Building— placed in the fourth story of that 
building — there locked up, without fire, bedding, or any convenience 
of the kind. Soldiers without the doors guarded the entrance. 
There were six of us confined in that cell. We had no fire during 
our stay in the building — some thirty-three days. We had bed- 
ding, however, after the third night. We were released on or about 
the 15th of November last. At the time of our release, an Irish- 
man named John , a waiter or servant of Colonel Rose, 

who sometimes carried the keys, came in and said to us that we 
were now released, but wished us to tarry, as Marshal Rose might 
wish to have some conversation with us before we left. We told 
him that we would cheerfully do so, and requested that he might 
call, so that we could have a conversation with him. We waited 
some two hours, but he did not come. Then John stated to us 
that we could leave, as the Marshal was not coming. We then 



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left the prison-rooms and returned home. We paid all our expenses 
home. The food furnished us, while in prison, consisted generally 
of old bacon, sometimes very badly tainted, and sea biscuit or 
pilot bread, and occasionally baker's bread. We had nothing to 
eat with — as knives, forks, and spoons — until some of our friends 
brought them. We also ourselves, in consequence of the bad food 
furnished us, had to purchase our own provisions out. 

In consequence of this imprisonment my health was seriously 
impaired for several months. From cold and exposure I contracted 
cold, which settled upon my lungs, and until within the last three 
weeks, I have been unable to do a day's work. 

Question by Mr. Lasselle — 

Who is the Mr. Browne you allude to as having arrested you? 

Answer — Thomas Browne, of Winchester, who is now a Sena- 
tor here from Randolph county. 

Question by Mr. Given — 

Were you acquainted with Browne prior to your arrest? 

Answer — Not very intimately. I knew him by sight. 

Question by Mr. Lasselle — 

State whether at the time of your arrest you demanded of 
Browne his authority for arresting you. 

Answer — I did. His reply was, I have not arrested you without 
affidavit; I have the affidavit of several of the citizens of this 
place; but refused to show his authority. 

Question by Mr. Given — 

Do you know who the persons were that made the affidavit? 

Answer — I do not know only from rumor. 

Question by Mr. Ferris — 

State the facts in regard to the truth or falsity of the charge that 
you aided and abetted in resisting the draft. 

Answer — It is utterly false that I did either; on the contrary, on 
the day the ballot-box was mashed, I used all my energies to pre- 
vent the trouble, and twice succeeded in getting the prime mover 
in the difficulty out of the court-house, and was myself at the time 
of the mashing outside of the court-house. 

Question by Mr. Ferris — 

What did you do toward getting a hearing, and with what 
success? 

Answer — We urged a hearing, but got none. 

Question by Mr. Ferris — 

What was your treatment after your arrest and until your incar- 
ceration in prison here? 



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Answer — On our way here we were guarded by soldiers and 
refused the privilege of conversing with each other. Upon our 
arrival in this city we were marched through the streets, and held 
at the street corners for some time as if on exhibition, and then we 
were marched through the camp. 

Qiiestion by Mr. Lasselle — 

State by what authority or by what officer you were detained in 
prison, so far as you know or believe. * 

Answer — My opinion is that it was by authority of Marshal 
Rose, and my reason for this opinion is that those who had the 
custody of us quoted him as authority. 

Question by Mr. Given — 

Have you a family? 

Answer — Yes, sir; a wife and three children. 

Question by Mr. Given — 

What political party did you at that time belong to? 

Answer — The Democratic party. 

Question by Mr. Given — 

State, if you know, to what party Mr. Browne, who arrested 
you, belongs. 

Answer — I understand he belongs to the Republican party. 

Question by Mr. Gregory — 

At or before the draft in your county, do you know any thing 
about any secret organizations in your county to resist the draft? 

Answer — I do not. 

Question by Mr. Gregory — 

Did any one in your county before the draft, secretly or othc^r- 
wise, advise or counsel with you what to do in permitting the 
draft to be carried out in your county? 

Answer — They did not. 

Question by Mr. Gregory — 

State whether you were called upon by the Provost Marshal to 
assist him in completing the draft, and did you so assist him? 

Answer — I was called upon merely to stand by and see that it 
was done legally and right — not asked to participate in the draw- 
ing. The request was from the Provost Marshal. I stood by the 
Commissioner when the drafting commenced, but left the room, 
taking with me the leading man in the disturbance, Williams, out 
of the house, and having taken him out the second time, he slipped 
me, and the draft-box was mashed up while I was out of doors. 



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Question by Mr. Gregory — 

Did you refuse to act as the Deputy of the Provost Marshal in 
making the draft in that county ? 

Answer — Yes sir ; I did refuse to take any part in the drawing^ 
further than to stand by and see that it was legally done, as I have 
before stated. 

Question by Mr. Gregory — 

State whether this Williams, who resisted the draft, was arrested 
for his conduct ? . 

Answer — Not to my knowledge. 
Question by Mr. Gregory — 

Did you, as Sheriff, do any thing to cause said Williams to be 
arrested ? 

Answer — I did not. 
Question by Mr. Gregory — 
State why ? 

Answer — I had no warrant to do so, and beside this, I was 
arrested the second day after myself. 
Question by Mr. Gregory — 

State whether you caused or directed any one on the day of the 
difficulty to pursue and capture said Williams? 
Answer — I did not. 
Question by Mr. Ferris — 

Was the Provost Marshal himself present at the time of the 
draft, and if so, did he order the arrest of said Williams? 

Answer — He was present, but dM not, to my knowledge, give 
such an order. 

Question by Mr. Ferris — 
Why did you not arrest Williams ? 

Answer — I considered I had no legal right to do so. I was not 
acting as Provost Marshal, nor as his Deputy; did not see the draft- 
box broken, and had no lawful warrant to make an arrest. 
Question by Mr. Ferris — 

You have, in your testimony, alluded to your action in endeavor- 
ing to quiet Williams, who mashed the box. Now state what 
occasioned Williams' dissatisfaction? What did he say was the 
trouble ? 

Answer — He complained that he had been enrolled in the wrong 
township — a township he did not reside in. The township in 
which he alleged he should have been enrolled, was subject to a 
draft of only two men, while that in which he actually was enrolled 



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required a draft of thirty-eight men. Williams' statement as^to 
his residence was correct, and the necessary change of his location 
was made prior to the attempt to execute the draft 

ANDREW BRICKLEY. 



FRANK M. TAUGHINBAUGH SWORN. 

Examined by Mr. Lasselle — 

Answer — F. M. Taughinbaugh. I am in my thirty-third year ; 
a farmer ; my residence is in Blackford county. I have resided 
there, mainly, for eighteen years. I have a family — a wife and 
three children. 

I was arrested at midnight on the 9th of October last, at my 
own house, some ten miles and a half from Hartford City, by a 
file of eight soldiers, under the orders, as I understood, of Thomas 
Browne, of Winchester, in Randolph county. Upon my arrest, I 
demanded their authority and the cause for my arrest. This was 
refused. On the next morning they started with me for Indiana- 
polis, where we arrived on the 11th of that month. At Indianapolis 
we were placed in the cells of the Post Office prison. I have 
heard read the statements of Mr. Brickley, before this Committee, 
and I corroborate his testimony as to our incarceration in prison, 
treatment, and final release, having been confined with him in the 
same room, and released in the same manner, and at the same 
time, and by the same person. The charge, as I learned after my 
arrival in this city, was, that I had participated, or aided and 
abetted, in resisting the draft at Hartford City. The charge was 
wholly false. I did nothing of the kind. 

I knew of no secret organizations at the time, designed or 
intended to resist the draft, nor do I believe there was any. I 
saw the draft-box mashed, and saw but one man (Williams,) 
engaged in it. I saw the sheriff (Brickley) take Williams out of 
the room twice, and know that he used his efforts to prevent the 
mashing of the draft-box. 

Question by Mr. Ferris — * 



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State what, if any, efforts you made to procure a hearing in 
your case, or a release. 

Answer—-^! asked the guards who had charge of us, when our 
trial was going off; and they said they knew nothing more about 
it than we did. 

Question by Mr. Shoaff — 

Did yoti, at any time, send a wTitten communication to the 
Marshal, demanding a hearing? 

Answer — I did not. 

Question by Mr. Ferris — 

Did you ever apply to any person having you in charge for the 
affidavits filed against you, and, if so, with w^hat success ? 

Answer — We employed Judge Roache to do so; and he in- 
formed us that he could not get to see them. 

Question by Mr. Ferris — 

What was your treatment, by those who had you in custody, 
upon your arrival in this city ? 

Answer — They took us off the cars between guards stationed 
on each side; marched us through the streets to Camp Mc- 
Manamee, and circling around to the front of the Post Office, 
where we w^ere detained for an hour and a half or two hours, sub- 
jected to the jeers of the bystanders, and then we were marched up 
into the cells. 

Question by Mr. Ferris — 

To what political party do you belong? 

Answer — I am a Democrat. 

Question by Mr. Ferris — 

Do you know whether any affidavit was ever filed against you? 

Answer — I do not. I was arrested, so far as I know, without 
any warrant. 

Question by Mr. Morgan — 

Was you in the court-house when they were preparing to make 
the draft, and if so, how far wem you from the box? 

Answer — I was in the house, about five feet from the box. 

Question by Mr. Morgan — 

Had you ever spoken to any person about resisting the draft? 

Answer — Not to my recollection. 

Question by Mr. Morgan — 

State what you heard Williams say about resisting the draft? 

Answer — He said he was enrolled in the wrong township, and if 



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he was drafted he would not stand by it, and the officer told ^lim 
he would try and j&x it all right. 

Question by Mr. Howard — 

Had any drafting been done at the time the box was mashed? 

Answer — No, sir. 

Question by Mr. Howard — 

How many persons were present at the drafting? 

Answer — I judge there were present about forty or fifty persons. 

Question by Mr. Howard — 

Was Williams drunk or sober? 

Answer — I judged from his appearance that he Vas drunk. 

Question by Mr. Howard— 

State whether or not the box was instantly mashed, and so that 
no one could interfere to prevent it? 

Answer — It was done so quick that I hardly knew it. I don't 
think any one could have interfered to prevent it. 

F. M. TAUGHINBAUGH. 



ELIHU LYON SWORN. 

Examined by Mr. Lasselle — 

Answer — My name is Elihu Lyon ; I am twenty-nine years of 
age; by occupation a farmer. I reside in Blackford county, and 
have resided there dver eleven years. I have a family — a wife. 

I was arrested at my home, about ten miles east of Hartford 
City, after midnight of the 9th of October last, by a file of sol- 
diers, taken to Hartford City, and from there to Indianapolis. 
From the time we left Hartford City, which was about 6 o'clock in 
the morning of the 10th of October, we were allowed nothing to 
eat until we arrived at Muricietown, at about 6 o'clock in the eve- 
ning of the same day, when we were allowed a mere bite of bread 
and cheese. We received nothing else to eat until the next day at 
3 o'clock in the afternoon. This was on Saturday, and on Sun- 
day, about noon, a light lunch was served up for us, and in the 
evening a supper. During our entire confinement in the Bastile, 
our meals were not only very irregularly served, but decidedly bad 
and unfit to eat, and often missed entirely. Our treatment in this 



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respect was decidedly mean and disgraceful. On our way to this 
city we were not permitted to converse with each other, or with 
any person. 

The charge alleged against me, as I learned after my arrest, was 
that I had aided in resisting the draft. The charge was wholly 
untrue. I never did any thing of the kind. I knew of no secret 
or other organization to resist the draft in Blackford county, or 
elsewhere, nor do I believe there was any. 

I have heard read the statements of Messrs. Brickley, Taughin- 
baugh, and Tarr, and I fully corroborate their testimony as to our 
incarceration in the Post Office Bastile, our treatment while in 
custody, and our release, having been confined in the same cell, and 
released in the same manner, at the same time, and by the same 
person. 

The cell in which we were confined, for the greater period of our 
imprisonment, was a room with an iron-grated door, no side win*- 
dows, and a tight sky-light. Its entire ventillation was through the 
barred doors. The room is unhealthy and unfit for the confinement 
of persons. 

T was in the court-room at the time the draft-box was mashed 
up, but did not participate in the exercises. Politically, I am a 
Democrat. I know of no Republican who was arrested. In com- 
mon with those I have named, I frequently insisted upon an exami- 
nation and trial, but we received none; and when discharged, it 
was without trial or examination of any kind whatever. During 
my confinement in prison I took the measles, and was discharged 
while sick of that disease. It is my belief that the disease was 
contracted by using bedclothes which had been used in the mili- 
tary hospital and brought from there to us. I do not know by 
whose authority I was arrested, but I understood it was by that of 
Colonel Thomas Browne, of Winchester. 

Question by Mr. Morgan — 

Where were you when the draft-box' was mashed? 

Answei' — I was in the court room, some twenty-five or thirty 
feet from the box. 

Question by Mr. Morgan — 

Did you ever make a written application for release ? 

Answer — I did not. 

Question by Mr. Morgan — 

In what way did you make applications for a trial ? 
C. A. A.— 4 



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Answer — To the officers and soldiers who came to the room we 
were in. 

Question by Mr. Morgan — 

What answer did they make ? 

Answer — Some of them said we should have a trial as soon as 
the rest were brought down. 

Question by Mr. Baker — 

Was there any cheering in the house at the time the draft-box 
was mashed? 

Answer — I do not think there was any. 

Question by Mr. Morgan — 

Had you any conversation prior to the draft, with any person, 
about resisting the draft ? 

Answer — I had not. 

Question by Mr. Ferris — 

Was there any disturbance, or attempt at disturbance, with the 
exception of that of Williams ? 

Answer — There was none that I know of. 

ELIHU LYON. 



WILLIAM ARMSTRONG SWORN. 

Examined by Mr. Shoaff — 

A.nswer — My name is William Armstrong. I am nearly sixty- 
three years of age. I reside in Blackford county, and have 
resided there nearly nine years. My family at home now consists 
of myself and wife only. 

I was arrested on the day of the election, by a file of three 
soldiers, under the command of Captain Stretch, of Grant county, 
and brought to this city, where I was placed in the Bastile of the 
Post Office. At the same time John Miller, Daniel Watson, 
Thomas Longfellow, John Vanhorn, John Daugherty, Thomas 
Daugherty, Jacob Clapper, Henry Snider, Gilbert Townsend, jr., 
William T. Schull, and Bluford Mills, were also arrested and 
brought down with me. We remained in prison a little over four 
weeks, except Snider and Clapper, who were released the next 
morning after our arrival in this city. We had no trial, no examin- 



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ation. John, Colonel Eose's porter, announced to us the fact that we 
were discharged. Our treatment while in prison was very bad, the 
food furnished us was not fit to eat ; the meat was tainted and 
smelied badly; the bed clothing was wholly insufficient, and the room 
unheated. I was taken sick in prison from the cold and exposure, 
and have been sick since my return home, in consequence. My 
hearing and sight have both been affected by it. My right ear is 
now entirely deaf. For two months after I returned home I was 
under the tj-eatment of a physician for disease contracted in prison. 
I know of no charges made against me. Those who arrested me 
replied to my inquiries as to the cause of my arrest, that they did 
not know. I am a full-blooded Democrat; voted that ticket for 
about forty years ; never voted any other ticket, and never intend 
to. While here, we employed Colonel Steele as our attorney, to 
assist in procuring our release. He informed me that he had seen 
the affidavits; that there was nothing against me; but that he 
could not get me released. All of us, but Mr. SchuU, were con- 
fined in the same room for a portion of the time. After about 
three weeks I was very well treated, but the rest were not. 

WM. ARMSTRONG. 



THOMAS DAUGHERTY SWORN. 

Examined by Mr. Bkown — 

Answer— My name is Thomas Daugherty. I am twenty years 
of age. I have no family. I reside in Blackford county, and have 
resided there for about fourteen years. I am a farmer by occu- 
pation. I was arrested at Hartford City, on the day before the 
election in October last, by Captain Stretch and a file of cavalry, 
and conveyed to the Bastile, in Indianapolis, in company with John 
Daugherty, William Armstrong, John Miller, John Vanhorn, Daniel 
Watson, Thomas Longfellow, Bluford Mills, Jacob Clapper and 
Henry Snider. We arrived in this city on the evening of the 17th 
of October. While in prison we insisted upon a trial aiid exam- 
mation, but failed to obtain one. As to ouj treatment while in 
prison here, I have heard read the testimony of Mr. Armstrong, 



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and I concur in his statements. We paid our own expenses home. 
I contracted disease from my confinement, and returned home sick 
and was confined to my room for over four weeks, and have not 
done a day's work since then. There was altogether some seven- 
teen or eighteen men from our county arrested and imprisoned here 
from Blackford county, in this matter. I know of no charges 
made against me— never saw any affidavit. Colonel Steele told 
me that he had seen the afl^davits, but there was nothing against 
me. Politically, I am a Democrat. 
Question by Mr. Baker — 

Were jon in the court house at the time the draft-box was 
mashed, and if so, how far distant from the draft-box. 

jVnswer— Yes, sir; about six feet off", and saw Williams kick it, 
then pick it up and throw it on the floor. 
Question by Mr. Morgan — 

Had you any conversation with any one prior to the draft, in 
regard to resisting the draft? 

Answer— No sir. The only man I heard say any thihg was 
WiUiams, who said that he was enrolled in the wrong township, 
and that if they did not right it he would. 
Question by Mr. Ferris— 

Was you in the room from the time the preparations for the 
draft commenced until the box was mashed ? 
Answer — I was. 
Question by Mr. Ferris — 

Was there at any time the least disposition to disturb the draft, 
except that shown by Williams ? ^ 
Answer— Not that I know of. 

THOMAS DAUGHERTY. 



JOHN M. VANHOEN SWORN. 

Examined by Mr. Lasselle — 

Answer— My name is John M. Vanhorn; I am twenty-six yeasr 
of age ; by occupation a farmer ; reside in Blackford county, and have 



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resided in that neighborhood for over fifteen years. I have a 
family — wife and one child. 

I was arrested on the day before the last October election, at 
Hartford City, by Captain James A. Stretch, of Grant county. 
There were some four or five of us arrested at the same time. 
One of them asked him what we were arrested for, and he an- 
swered that we were arrested for '^ disloyalty:' Hearing this, I 
asked him no questions. On the 16th of October we were taken 
to Indianapolis, and there imprisoned in the Bastile of the Post 
Office Building, as I understood, under the charge of D. G. Rose, 
United States Marshal. I was confined in the Bastile about four 
weeks. As to our treatment while in prison, I entirely concur in 
the statements made in testimony by Mr. Armstrong. I was dis- 
charged without trial and without examination. Politically, I am 
a Democrat. I employed an attorney, and through him demanded 
a trial. 

Question by Mr. Morgan — 

Was you in the court house when the box was mashed? 

Answer— I was. I suppose I stood some fifteen feet distant. 

Question by Mr. Morgan — 

Had you ever, prior to the draft, any conversation about resist- 
ing it? 

Answer — I had not. 

Question by Mr. Morgan — 

Was there any cheerings or demonstrations of satisfaction when 
the box was destroyed? 

Answer — No, sir; there was not. 

J. M. VANHORN. 



JOHN McMANAMON SWORN. 

Examined by Mr. Hanna — 

Answer — My name is John McManamon. I am about forty-six 
or forty-seven years of age ; my occupation is that of a farmer and 
a laborer. I have a family — a wife and five children. I reside in 
Hartford City, and have resided there for the past seven years. 



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I was arrested at my home on the night of the 8th of October 
last, by Colonel Browne and a file of seven soldiers, and was 
taken to the hotel, where Browne told me I had been arrested upon 
a charge of resisting the draft. From Hartford City I was taken 
to Indianapolis, in company with Messrs. Brickley,* Taughinbaugh, 
Lyons, Tarr, and Garrett, and there imprisoned in the Post Office 
Building. I concur with the Blackford county witnesses, who have 
testified here as to our treatment on the road to this place, and 
while in durance here. I was imprisoned with those I have named 
as coming with me as prisoners, and received the same vile treat- 
ment while in prison. 

I was present a part of the time while the drafting was going 
on, but did nothing to impede or resist its progress. The charge upon 
which I was arrested was false. I know of no organization, secret 
or other, in Blackford county or elsewhere, nor do I believe there 
was any such designed to resist the draft. I was released after 
an imprisonment of about ten weeks. The manner of my dis- 
charge was this : The Deputy Marshall, Bigelow, I believe, came 
to the cell door, and calling my name, told me to " go down." I 
passed down stairs, and seeing Colonel Steele, he informed me 
that I was discharged ; and I left for home. 

*My health was seriously impaired by the exposure and hardships 
of my arrest and confinement. Since I returned home, I have 
sometimes been confined to my room by illness contracted during 
this imprisonment. The clothes I had on, when arrested, were 
light, and no protection against the cold aad exposure of confine- 
ment, in an unheated, illy ventilated cell, where we had to sleep 
upon the floor, with none, or scant and insufficient covering. 

I have stated that I was present at the draft. I should not have 
been there but for the fact that Isaac Goodin, the Drafting Com- 
missioner, requested me to be there, as he desired to speak with 
me. Goodin afterward said to me that he knew I was innocent; 
but Dr. Good, a leading and prominent Republican of that place, 
said that the trouble with me was, that I was too strong a party 
man. I am a Democrat. I requested a trial at Hartford City, 
and while in prison here. My application here was to the Deputy 
Marshal, personally. I had no trial. 

Question by Mr. Morgan — 

Did you hear any conversation about resisting the draft? 

Answer — No, sir. 

Question by Mr. Morgan — 



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Did you hear any demonstrations of gratification when the draft- 
box was mashed? 

Answer — No. I saw some men laughing. I saw none crying. 

Question by Mr. Ferris — 

What, if any, seemed to be the difficulty or misunderstanding, 
when preparing for the draft, as to what person was authorized to 
do the drafting, and what was said in reference to that matter? 

Answer — Some of them claimed that the sheriff was entitled to 
doit, and the Commissioner and Provost Marshal claimed it as- 
their right. Some of them talking, said that they had no confi- 
dence in the Provost Marshal, and desired that the sheriff should 
do it; and when this remark was made, the exclamation, "that's 
right," was made by the bystanders. 

JOHN McMANAMON. 



WILLIAM T. SCHULL SWORN. 

Examined by Mr. Ferris — 

Answer — My name is William T. Schull. I am near forty-five 
years of age; a practicing physician, and reside in Blackford 
county; resided there eighteen years; have a family, wife and 
seven children. I was arrested at the polls in Harrison township 
at the election last October, by a couple of cavalry men, who, 
after notifying me of my arrest, gave me until ten o'clock the next 
day to appear at Hartford City, and from there I came here under 
a pledge made to Captain Stretch for my appearance here. I came 
here unguarded, though Captain Stretch came with me in the 
same car upon the same train. Upon my arrival here I was 
allowed to stop at the Palmer House until Saturday, when I was 
ordered to appear before Colonel Rose, which I did. Captain 
Stretch, as he had previously promised he would do, represented 
to Colonel Rose that the affidavits against me were gotten up 
through malicious designs. Then Rose examined the papers, 
and upon doing so remarked that there was nothing in them, 
and I was discharged. One of the affidavits filed against 
me was made, as I am informeji, by William Twible, and the 



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other by Stephen Spaulding, both Republicans. Twible is a per- 
sonal enemy of mine. One of these affidavits charged that I had 
said "good for that," when informed of the breaking up of the 
draft; the other charged me with having said that there was no 
law for drafting; that "I wouldn't go if I was drafted," and that 
this Administration was bankrupting the treasury of the United 
States. I was not present at the time of the draft. I am a Demo- 
crat. Those who filed the affidavits against me are Republicans. 
Question by Mr. Morgan — 



Were you ever put in prison? 
Answer — No, sir. 



W. T. SCHULL. 



LEANDER TARR SWORN. 

Examined by Mr. Shoaff — 

Answer — My name is Leander Tarr. I am thirty-five years of 
age; a farmer; and reside in Blackford cdunty, Indiana; have 
resided there most of the time (perhaps with the exception of a 
month or six weeks) for fourteen years. I have a family — a wife 
and eight children. 

I was arrested on the 9th of October, at Hartford City, by an 
officer and file of soldiers, who asked me my name, and said they 
had an order for my arrest. I was then taken to a hotel in the 
place, and delivered up to an officer, said to be Colonel Williams, 
who told me he would deliver me over to an officer said to be 
Colonel Browne, and did so. I was then conveyed to Indianapolis 
by a file of soldiers, in company with Messrs. Brickley, Taughin- 
baugh, McManamon, Lyon, and John P. Garrett. The charge 
against me, as I learned from the officer, was, that I had aided in 
resisting the draft. The charge was false and unfounded. I did 
nothing of the kind. I know of no secret or other organization to 
resist the draft, nor do I believe there was any. I have heard read 
the statements of Messrs. Brickley and Taughinbaugh, before this 
Committee, and I corroborate their testimony fully as to our incar- 
ceration in the Bastile; our treatment while in custody, and release ; 



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having been imprisoned with them in the same cell, released in the 
same manner, at the same time, and by the same person. 

I saw the draft-box mashed. Williams was the only man I saw 
engaged in it. I saw the sheriff have Williams out of doors, 
endeavoring to persuade him to desist from his pm'pose to 
mash the box. In the melee, I caught Williams and aided in 
preventing him from striking the Provost Marshal. 

In politics, I am a Democrat, and so are all who were arrested, 
to my knowledge, in Blackford county. I know of no Republicans 
who have been arrested. 

My health was seriously affected by my imprisonment, so much 
so, that I have been physically unable to do a day's work since my 
release. We employed, first, Colonel Asberry Steele, and after- 
ward Judge Roache, as our attorneys, who both reported to us 
that they could procure for us no examination ; that the affidavits 
had been sent to Washington City. I never saw the affidavits 
against me. 

The Arrest and Death of Blvford Mills. 

Leander Tarr examined — 

My brother-in-law, Bluford Mills, was arrested, as I am informed 
and believe, on the day before the election by Captain Stretch, and 
brought to Indianapolis, placed in the cell with me for one evening, 
when he was placed in another cell. While he was in prison he 
became very unwell, and continued so after his release and return 
home. I often visited him while he was in prison, though my 
requests to do so were refused for a week or more before the 
privilege was granted me. His illness continuing from the period 
of his imprisonment, he died on or about the 16th of December 
last, as I am informed and believe, from disease contracted while 
in prison — or at least, that his exposure in prison was a cause of 
haste?iing his death. 

LEANDER TARR. 



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THOMAS a LONGFELLOW SWORN. 

Examined by Mr. Given — 

Answer — My name is Thomas Longfellow. I am forty-nine 
years of age; reside in Blackford county, and have resided there 
about twelve months. I formerly resided for thirty-six years in 
Henry county, in this State. I was born in Franklin county. I 
have a family — wife and six children. I was arrested on the day 
after the election in October last, at Hartford City, by Captain 
Stretch, and brought to this city and incarcerated in the Post Office 
Building. As to our imprisonment, treatment there, &c., I fully 
concur in the testimony furnished by Mr. Armstrong. I had no 
examination, no trial, and was discharged as arrested without 
ceremony. Politically, 1 am a Democrat. After my return home, 
I was confined to my bed with sickness for some five weeks. My 
physician, who attended me in my illness, assures me that either 
the food or drink I used during my imprisonment was poisoned; 
that my disease indicated the presence and action of poison. I 
never saw any affidavit against me. • 

Ee-examination by Mr. Ferris — 

Answer — I was present when the box was broken up. When 
the box was mashed by Williams, the Provost Marshal (William 
Frash) jumped out of the window, and said: "Gentlemen, I 
resigns mine office. I want you all to know that I lesigns my 
office. I'd rather than five hundred dollars Pd had nothing to do 
mit it." The Commissioner ran out of the east door for home. 

THOMAS S. LONGFELLOW. 



DANIEL WATSON SWORN. 

Examined by Mr. Howard — 

Answer— My name is Daniel Watson. I am forty-two years of 
of age; reside in Blackford county, and have resided there for 
about twenty-five years. I have a family — a wife and seven 
children. My mother and my mother-in-law also live with me. 

I was arrested at Hartford City, on or about the 13th day of 



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October last — the day before the election, by Captain Stretch, and 
brought to this city, where I was incarcerated in the Bastile. I 
remained in prison over four weeks ; was arrested on the 13th of 
October, and released, without examination, trial, or ceremony, on 
the 15th day of November. As to treatment, accommodations, 
food, &c., I concur in the testimony of Armstrong. I am a Demo- 
crat, politically, morally, religiously, and physically. 

DANIEL WATSON. 



JACOB CLAPPER SWORN. 

Examined by Mr. Ferris — 

Answer — My name is Jacob Clapper. I am nearly forty-four 
years of age ; by occupation a farmer; reside in Blackford county; 
resided there about twenty years ; have a family — a wife and five 
children. 

I was arrested at Hartford City, on the day before the election, in 
October last, by Captain Stretch, and brought to this city. Colonel 
Steele we employed and brought along. He procured my release 
on the following day after my arrival here. I was never told, and 
I never asked the cause of my arrest. I was present in the court 
room at the time the box was mashed, but took no part in the cere- 
mony. It was done by one Williams, and so instantaneously that I 
do not hesitate to say it was impossible for any one to have prevented 
it unless with notice beforehand of his purpose to do it. Politically, 
I am a Democrat. I was not imprisoned while here. I do not 
know that I was arrested upon any warrant ; none was read or 
stated to me. 

Question by Mr. Gregory — 

When Williams mashed the draft-box how was the act received 
or treated by those in the court house? 

Answer — The crowd then rushed out of the court house to get 
out of the way. It was. but a very few minutes until they were 
most all out of the house. 

Question by Mr. Gregory — 



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Did you, or did you see any one attempt to prevent Williams 
from mashing the box, or to arrest him afterward ? 

Answer — I did not; he is physically a very strong man; not 
sober at the time, in my opinion. I did see Michael Daugherty 
and others try to prevent him from striking the Marshal. 

Question by Mr. Gregory— 

Did you vote before you left Blackford county? 

Answer — I was under bonds at 'the time, and did' not leave for 
Indianapolis until Thursday after my arrest. I did vote. 

Questfon by Mr. Gregory — 

Did you, after the box was mashed, approve or disapprove of 
the act? 

Answer — I did neither the^one way or the other, and I heard no 
one do either that I recollect. 

Question by Mr. Ferris — 

Did the Marshal or Commissioner request any aid of the by- 
standers to preserve the box? 

Answer— They did not 

JACOB CLAPPER. 



JOHN MILLER SWORN. 

Examined by Mr. Shoaff — 

Answer — My name is John Miller. I am thirty years of age; 
by occupation a farmer; reside in Blackford county, and have 
resided there for about thirteen years. I have a family — a wife 
and four children. I was arrested in Hartford City on the day 
before the election in October last by Captain Stretch, and brought 
to this city, where I was imprisoned in the Bastile of the Post Office 
Building. There I remained from the 16th of October until the 
15th of November last. I was released without examination, trial, 
or ceremony. As to our imprisonment, denial of examination, 
accommodations, food, treatment, &c., I concur in the testimony 
of Mr. Armstrong. In politics, I am a Democrat; never voted any 
other ticket, and don't think I ever shall. There was no authority 
or process read or shown to me at the time of my arrest, nor 
charges stated against me, noj by whose authority I was arrested. 
Captain Stretch was a cavalry officer in the volunteer service of 
the United States. 

JOHN MILLER. 



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HENRY SNIDER SWORN. 

Examined by Mr. Ferris— 

Answer — My name is Henry Snider; I am twenty-nine years of 
age; by occupation an engineer; reside in Blackford county; have 
resided there for about fifteen years ; I have a family — a wife and 
two children. 

I was arrested at Hartford City, on the day before the last Oc- 
tober election, by Captain Stretch, and brought to this city; spent 
but one night in the Bastile, and was released the following eve- 
ning. I asked the cause of my arrest, but was not told it; paid 
my own expenses home. Politically, I am a Democrat. I asked, 
at the time of my arrest, for the authority therefor, and was an- 
swered that they had none; that he had no warrant, but that he 
had authority to take me to Indianapolis. 

HENRY SNIDER. 



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THE SWITZERLAND COUNTY ARRESTS. 



GEORGE H. KYLE SWORN. 

Examined by Mr. Brown — 

Answer— My name is George H. Kyle; aged forty-five years; 
by occupation an architect; reside in Vevay, Switzerland county; 
resided therefor twenty-seven years; have a family — a wife and 
seven children. 

I was arrested at Vevay, on or about the fifth day of June last, 
by a squad of eight armed soldiers, under whose immediate com- 
mand I do not know, but presume by order of Captain Nicklin; 
and subsequently, per order of Nicklin, I was put on board the 
steamer " Storm," after having been permitted to return home, 
under guard, to change my clothing. At Vevay, through Henry 
A. Denney, attorney, I made application for examination and trial; 
but he returned answer to me that "there was no chance." My 
house was ransacked and searched by forty or fifty armed soldiers 
in my absence, as I am informed by my wife and daughter. From 
Vevay I was conveyed to Louisville, Kentucky, and placed in the 
military prison, where I remained about seven weeks. From others, 
my friends, I learned that it was required of me by Boyle and 
Dent that my release depended upon the condition that I would 
give bond, and take an oath abjuring and denouncing the Demo- 
cratic doctrine of State's Rights. This oath I refused to take, 
though I was willing to take an oath to support the Constitution 
of the United States and that of Indiana. 

On the day preceding that of my release, I received a telegraphic 
dispatch announcing the dangerous illness of my son. I then 
forwarded to General Boyle this telegraphic dispatch, together with 
the following note: 



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" General Boyle, 



"Military Prison, 

"Louisville, Ky., 

"July 23, 1862. 



"Dear Sir: — I would respectfully say to you, that I have 
been confined in this place for seven weeks without being 
informed of any charges. I have been made the victim of per- 
sonal prejudices of men of no character, and those who also deserve 
the scorn and contempt of all honest and truly loyal men. Such 
being the case, I would respectfully ask the privilege to vindicate 
my character from the keeping of such men. Let my accusers 
come forward and confront me, and if any man of veracity will 
state that I have done any thing disloyal or detrimental to my 
country, then I will accept your terms. Until that is done, know- 
ing my innocence, I can not accept any terms which will in future 
reflect upon myself or family. I am willing to take the oath to 
support the Constitution of the United States and of my own 
State; but to acknowledge that I am guilty when I am innocent, 
I can not, in consideration of oiyself and that which I owe my 
family. 

" Respectfully, 

"GEORGE H. KYLE." 

My release was a sort of parol, limited to the 10th of August, 
in which time I was to file the bond required. I took an oath to 
support the Constitution of the United States and that of Kentucky, 
I reported on the 10th of August, but was informed that they had 
no use for me. If there existed any warrant or charge against me 
upon which I was arrested, I have never been able to ascertain it. 
I had no examination or trial, though I often demanded and insisted 
upon the same. I paid my own expenses home, as also on the 
trip to and from Louisville, when 1 reported according to the terms 
of my parol. The food furnished in prison was such that I could 
not eat it, and I therefore purchased and paid for my own provi- 
sions. I am a Democrat. 

Question by Mr. Baker — 

Have you not been in the habit of expressing yourself in oppo- 
sition to the war? 

Answer — I have been in the habit of expressing myself against 
the policy of the war among my friends, but not with a view of 
embarrassing the Administration in the prosecution of the war. 

Question by Mr. Baker — 

Did you not, on a certain occasion, at your own house, in con- 
sultation with Captain Thomas T. Wright, express sympathy for 



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the cause of the South, and say that you hoped that Beauregard 
would drive General Grant, or his army, into or across the Ten- 
nessee river? 

Answer — I did not. Captain Wright and myself were discuss- 
ing political measures, in a friendly manner, and in that conversa- 
tion I maintained the doctrine that the General Government had 
no warrant, under the Constitution, for coercing a sovereign State 
of this Union. In answer to me Captain Wright said, I was as 
bad as any rebel in the South, for that was the doctrine they 
taught; and I replied, that if entertaining the opinions I expressed 
as above constituted a rebel, I was proud of being one; that I 
would have my right arm cut off before I would aid the rebellion 
in any way; that I was an Indianian, and had always observed its 
laws, and intended to do so; but that the right to criticise the Ad- 
ministration I could not abandon or give up. 

GEO. H. KYLE. 



FRANKLIN DUFOUR SWORN. 

Examined by Mr. Lasselle — 

Answer — My name is Franklin Dufour; aged thirty-nine years ; 
by occupation a river trader; reside at Vevay; born and raised 
there ; have a family — wife and seven children. 

I was arrested on or about the 6th of June last, at Vevay, by a 
file of fifteen or twenty armed soldiers of the Thirteenth Indiana 
Battery, under command of a sergeant whose name I do not know. 
Captain Nicklin had command of the company. My arrest was 
accompanied by volleys of insulting, coarse, and scurrilous langu- 
age, and a dozen pistols pointed at me. I was then taken to the 
boat by force, which was the steamer " Storm,'' then lying at the 
wharf, and placed on board. I demanded their authority and the 
cause of my seizure, at the time of my arrest, and was answered 
that it was none of my business. On board the boat I met Lieu- 
tenant Hall, and asked of him the privilege of returning home to 
change my clothes, as those I had on were wet and uncomfortable. 
I was not allowed to go home. On board the boat I again 



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demanded, and this tinne of Captain Nicklin, the cause of my' 
arrest, or his authority for it. His answer was that he was acting 
under the military authorities of Louisville. At Louisville we 
were taken to the military prison, and incarcerated in a room with 
some sixty other prisoners, where I remained some three or four 
weeks. Our fare in prison was bad, insufficient, and unhealthy. I 
was released upon giving a peace bond in the penalty of four 
thousand dollars, and taking an oath with a death penalty. The 
oath, I think, was administered by Major Harney. I paid my own 
expenses home. I never had any trial or examination, and never 
knew what I was arrested for, unless it was because I am a Demo- 
crat. I have every reason to believe that Governor Morton ordered 
my arrest. My impression is that I was arrested for saying that I 
would vote for no man who would not, in the Legislature, favor 
the return of Hon. Jesse D. Bright to the United States Senate, 
and that he had been expelled from his seat by a pack of 
scoundrels. 

Question by Mr. Lasselle — 

What reason had you for believing that Governor Morton 
ordered or was the cause of your arrest ? 

Answer— While we were in prison, Mrs. Kyle came on a visit to 
her husband, and stated to Mr. Kyle that James H. Titus knew 
who had caused our arrest. Afterward Titus came to Louisville 
and told Mr. Kyle that Oliver Ormsby, Fred. Courvoisier and 
Frederick J. Waldo had pointed us out. Others informed me that 
a letter had been written from Ghent, Kentucky, by one James 
Robison, of that place, to Governor Morton, stating that certain 
men in Vevay should be arrested, and that that letter was returned 
by Morton, with an accompanying slip inclosed to said Ormsby, 
telling him that if there were such men in Vevay to have them' 
arrested. This information 1 had from reliable persons. 

Question by Mr. Baker — 

State the names of the persons who gave you information of 
that letter? 

Answer— Charles Goldenburg was one; Julius Defour stated 
that a letter had come there, but did not say where it came from. 
I understand that Julius Dufour is Provost Marshal of Vevay; 
and others I do not recollect 

Question by Mr. Baker — 

Did Mr. Goldenburg tell you that he saw the letter? 

Answer — He did not. 
C. A. A.— 5 



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Question by Mr. Baker — 

Do you know that Governor Morton ordered your arrest? 

Answer — I do not. 

Question by Mr. Baker — 

What language did the soldiers use to you when they arrested 

you? 

Answer — They denounced ine as a d d son of a b h, 

repeating the expression God d d traitor ; and cursed me all 

the way to the boat. 

Question by Mr. Baker — 

How were you treated after going on board the boat ? 
Answer — We were well treated there. 
Question by Mr. Baker — 

Have you opposed the war to suppress the rebellion? 
Answer — I have opposed the war upon Constitutional grounds. 
I have said that there was no Constitutional power to coerce a 
sovereign State of this Union. 
Question by Mr. Baker — 

Had you not said that the South ought to succeed in this 
. rebellion, prior to your arrest? 
Answer— I don't think I did. 
Question by Mr. Baker— 

Have you aided the rebellion by your sympathy? 
Answer— ^I never have, and don't think any one can aid the 
rebellion by sympathy. 

Question by Mr. Baker — 

What did you say about the battles of the country? 

Answer— I said we had got a d 1 of a thrashing at Bull 

Run and Big Bethel. 

Question by Mr. Baker— 

Under whose authority were you while in custody at Louisville ? 

Answer General Boyle was Military Governor, Colonel Dent 

was Provost Marshal, and Captain Dillard had command of the 
military prison. 

Question by Mr. Gregory — 

Before you were arrested, did you ever say to any one that the 
United States could never conquer or put down the rebellion ? 

Answer— I have, in these words : that war was disunion — final 
and inevitable ; that the Union could never be restored except by 
peaceable means. 

Question by Mr. Lassbllb— 



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You state, in reply to Mr. Baker, that you opposed the war oil 
Constitutional grounds, was that opposition actively or only in 
sentiment ? 

Answer— Only in sentiment. I never rendered the rebellion 
any aid or service to the amount of one cent. On the contrary, 
I offered one dollar a-piece to a recruiting officer to get some 
strong war men there to enlist in the service of the United States. 
He never called upon me for any money ; he never could succeed 
in getting them. I gave another man a dollar to enlist, which 
he accepted, but came back the next night. 

Question by Mr. Lasselle — 

You state that you said that we had received a thrashing at 
Bull Run. Did you express any gratification over that defeat ? 

Answer^ — I did not ? 

FRANKLIN DEFOUR. 



HENRY E. ZOOK SWORN. 

Examined by Mr. Lasselle — 

Answer— My name is Henry E. Zook; aged about thirty-four 
years; by occupation a cabinetmaker; reside at Louisville; but at 
the time of my arrest was a resident of Vevay, and had resided 

there about fifteen months previous to my arrest. I have a family 

a wife and four children. 

I was arrested at Vevay, on or about the fourth or fifth of June 
last, by a file of about twenty or twenty-five armed soldiers, under 
whose immediate command I do not know. I was taken on board 
the steamer " Storm," then lying at the wharf, placed on board, and 
taken to Louisville. On the boat I found that Captain Nicklin 
was in command of the soldiers. At my arrest I demanded the 
authority and cause for my arrest, and was answered that it was 
none of my business. I was taken to Louisville, and placed in 
the military prison there. The room in which I was confined was 
about forty-five feet square, and, during my imprisonment, as many 
as one hundred persons were confined in that room at one time. 
Of Colonel Dent I also demanded the authority and cause of my 



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arrest and detention, and received no answer. My treatment there 
was bad. I was sick, and could obtain no medicine. I have never 
been able to ascertain the cause for my arrest. During ray impris- 
onment my wife came and applied to General Boyle for my 
release. General Boyle inquired of her where I was born, and 
upon being told that I was born in Virginia, observed that it was 
a disgrace for any man to be born there, and if he ever caught me 
again he would hang me. I was released by Major Harney, who 
administered to me the oath, and counseled me to "go home and 
stop talking." I paid my own expenses home. I am a Democrat. 
I was in prison about four weeks. After my release, on the day 
of the election, Jessee J. Stepleton, Lieutenant- Colonel of the 
Indiana Legion at Vevay, stood at the polls and commanded the 
inspector not to receive my vote, and, by threatening me, prevented 
me from voting, though I three times attempted to vote, and was 
legally entitled to vote at that poll. I never had any examination 
or trial, and never knew for what I was arrested. My family was 
left destitute by my absence, and were supported by my neighbors 
until my return. No warrant of arrest was ever shown or read 
to me. 

Cross Examined. 

Question by Mr. Morgan — 

How long were you in prison? 

Answer — Three or four weeks. 

Question by Mr. Morgan — 

What have you ever said against the Administration, or against 
the prosecution of the war ? 

Answer— I said they would never restore the Union by fighting. 
I also said that if they were agoing to make an Abolition war of 
it to free the negroes, it would not be much odds if they were 
whipped. I also said that I believed it would turn to that. 

Question by Mr. Lasselle — 

Did you ever afford any substantial assistance to the rebels in 
any shape or form ? 

Answer — I did not. 
Question by Mr. Lasselle— 

Did you ever discourage any one from enlisting in the service of 
the United States, at any time. 
Answer — No, sir; I did not. 



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Question by Mr. Lasselle — 

Have you any belief as to the cause of your arrest ? 

Answer — No, sir ; no further than being a Democrat. 

Question by Mr. Baker — 

Were you not in the habit of talking generally against the war? 

Answer — I never said any thing in favor of it. 

H. E. ZOOK. 



JOHN E. KILGORE SWORN. 

Questioned by Mr. Brown — 

Answer — My name is John E. Kilgore; aged thirty-eight years; 
by occupation a farmer; reside in York township, Switzerland 
county; born and raised in that county; and have a family — a 
wife and seven children. 

I was arrested on the fifth day of July, 1862, near midnight of 
that day, at my house, by a company of armed men, some of them 
claiming to be soldiers, and from thence taken to Warsaw, Ken- 
tucky, where I was placed in the county jail until the next day, 
when, upon taking the oath, I was paroled for ten days, by order 
of Colonel Landrum, in order that I should file my bond. At the 
expiration of that time I returned, having concluded to decline 
filing the required bond, and reported to Justice Spencer, who 
insisted upon my compliance with the terms of my parol, but I 
refused to do so and returned home. Those who arrested me said 
they had the authority for my arrest, but I did not demand it, nor 
did I ever hear or know what, if any, charges they had against me. 
Politically, I am a Democrat. I never heard of the arrest of any 
Republican. I was arrested on the same night and by the same 
men who arrested Schmied and William Scott. 

Question by Mr. Baker — 

Did you ever say any thing, prior to your arrest, in opposition to 
the war to put down the rebellion? 

Answer — I did jiot. I never said any thing to discourage volun- 
teering. 

Question by Mr. Ferris — 

Have you had a son in the United States service. 

Answer — I had a son, a post-teamster, in the army at Pittsburg 
Landing. 

JOHN E KILGORK 



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CHARLES SCHMIED SWORN. 

Examined by Mr. Ferris — 

Answer — My name is Charles Schmied; aged forty-six years; 
by occupation a farmer; reside in York township, Switzerland 
county; was born and raised in that county; have a wife and ten 
children. I was arrested at my home near midnight on the 5th of 
July, 1862, by a company of armed men, some of them claiming 
to be soldiers. From there I was taken in company with John E. 
Kilgore and William Scott, the other prisoners, to Warsaw, Ken- 
tucky, where we were placed in jail until the next day in the eve- 
ning, when we were taken out, required to give bond and take the 
oath, or go to Camp Chase. I gave bond in the sum of one thou- 
sand dollars, and took an oath to support the Constitution of the 
United States and that of Indiana, and was released. I inquired 
as to the charges against me, but ascertained nothing. Colonel 
Landrum ordered my release. A man called Ab. Flannagan, alias 
Vallandingham, was in command of the squad at my arrest. The 
commander of the squad, in answer to my demand, said he had 
authority therefor, but refused to show or read it to me. After our 
arrest, the commander of the squad ordered his men that if one of 
us made the least resistance, to shoot us; and some of the soldiers 
said they wished we would resist, as they would like to shoot the 

d d dogs anyhow. We were released without examination or 

trial. I have no idea what I was arrested for, unless it was for 
being a Democrat. 

Question by Mr. Baker — 

Did any Indiana civil officers have any thing to do with your 
arrest? 

Answer — Not that I know of. 

Question by Mr. Ferris — 

Name those whom you know were engaged in your arrest, and 
their politics. 

Answer — John Keith, James Howard, James Munn, Moses 
Carver, and others I do not remember— all claiming to be Repub- 
licans, I believe. 

Question by Mr. Ferris — 

Have you any sons now in the United States army ? 

Answer — I have one son in that army. 

I will add to my testimony, that when I was released, Colonel 



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Landmm read a paper to me which asserted that I had said that I^ 
intended to sell my potatoes to the South, and some thing else I 
should have said about the soldiers being d — -d rogues. I forget 
whether Landrum said it was sworn to. I never said I intended 
sell my potatoes to the rebels. 

CHARLES SCHMIED. 



CHALES GOLDENBURG SWORN. 

Examined by Mr. Given — 

Answer— My name is Charles Goldenburg. I am fifty years of 
age; by occupation a mechanic; reside at Vevay, Switzerland 
county, Indiana ; have resided there twenty-five years ; and have a 
family— -a wife and three children. 

I was arrested at Vevay, on or about the 5th of June last, by a 
file of two armed soldiers, one named Dickerson, the name of the 
other I do not know. They belonged to the Thirteenth Indiana 
Battery. I was taken to the Le-Clerc House, in Vevay, and 
delivered over to Lieutenant Hall of that battery. I asked no 
questions at the time of my arrest as to the cause for the same, for 
the reason that I had heard a similar demand made in another 
case and no satisfactory answer. I did not think it worth while to 
ask any questions of that sort. While at the hotel, it was 
announced to me that my wife was in the adjoining room and 
desired to see me. Lieutenant Hall replied that I could not leave 
the room, and if my wife wished to see me, the interview must be 
in the room in which I was confined. Lieutenant Hall remained 
present during the interview. After being so detained at the hotel 
for a short .time. Lieutenant Hall ordered me to follow him, and I 
was taken' and delivered over to William Mead, Sheriff of the 
county, and by him placed in the jail. At the time of my arrest I 
was a member of the Home Guard ; my company was on drill that 
day, and hearing of my incarceration, headed by Captain Grirard, 
most of the company rushed to the jail, and protested against 
my incarceration. The door, for this reason, was not locked. An 
interview was then had between Lieutenant Hall and Grirard, the 
result of which was, I was virtually paroled until the arrival of the 



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mail boat, about 5 o'clock, P. M., when I went aboard the T)oat, 
where I met Lieutenant Hall, and was then conveyed under guard 
to Louisville. There I was taken to the headquarters of Colonel 
Dent, Provost Marshal, and the guard reported to him the fact of 
my arrest. The Provost Marshal inquired what I had been arrested 
for, and the guard answered that I was brought there to find 
that out. Colonel Dent then stated that he had no charges 
against me whatever. The guard stated to him that I was a mem- 
ber of the Home Guards, to which the Provost Marshal replied, 
addressing me, " Are you a member of the Indiana Home Guards?" 
Answering that I was, he said I had taken just as good an oath as 
he could administer to me ; but advised me to go and report to 
General Boyle. I did report at Boyle's office, and was told to go 
home, which I did at my own expense. I never saw or heard of 
any warrant or charge whatever against me. Politically, I am a 
Democrat, and think for that reason I was arrested. 

During the confinement of four of the Vevay prisoners, Kyle, 
Dufour, Zook, and McMackin, a petition, numerously signed by 
citizens of Vevay, asking for the speedy examination and trial 6f 
the men I have named, was forwarded to Governor Morton, who, 
so far as I have been able to ascertain, never noticed it in way of 
answer, nor have I ever neard of .his attempting, in this matter, 
any measure for the protection of citizens of Indiana so kidnapped 
and carried out of the State. I do not know by whose order I was 
arrested, if upon any; but Rev. E. W. Burrows, pastor of the M. 
E. Church at Vevay, and a Republican, in a conversation with 
me, at Vevay, subsequent to my arrest, cautioned me not to 
censure or blame any one in Vevay ; that he had seen a letter 
addressed to Governor Morton, from James Robison of Kentucky, 
and by Morton returned to Vevay, accompanied with a slip or 
note from Morton himself; that the letter stated that there were 
certain individuals in Ghent and Vevay who ought to be arrested. 
Mr. Robinson, who wrote this letter, had resided for a short time 
at Vevay, and while there, had applied for license to retail liquor, 
and, as a witness, I testified as to his bad character, and for this, 
he, as I was informed, resolved upon having revenge upon me. 
Subsequently he ran away from the town, to avoid prosecution 
for retailing contrary to law. 



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Cross Examination, 

Question by Mr. Gregory — 

Before you were arrested at Vevay, what had you said to some 
of the citizens of Vevay about the war, and the policy of the same? 

Answer— I, from principle, opposed the war, in conversation, on 
the ground that a war could never restore the Union, and because 
I did not desire a dissolution of the Union. I never talked to 
soldiers upon the subject. After my arrest and release, I said of 
the Emancipation Proclamation, that it made the war an Aboli- 
tion war ; and I oppose the policy of that proclamation. 

CHARLES GOLDENBURa 



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ARBITRARY ARRESTS IN DIFFERENT COUNTIES. 



. RICHARD D. SLATER (Dearborn Couxnty) SWORN. 

. Examined by Mr. Hanna — 

Answer— My name is Richard D. Slater; I am going on fifty- 
one years of age; by occupation a cooper; reside at York town- 
ship, in Dearborn county, Indiana, and have resided in Dearborn 
county upward of twenty-five years. 

On the day after the election, in October last, I was in Lawrence- 
burg, having gone there in company with a party of drafted men, 
to see them off to Indianapolis. I had been in the town only about 
one hour, when I was arrested by Captain David Cheek, of the 
regular service, who read to me a writ, purporting to have been 
issued by Colonel Rose, United States Marshal. Upon being so 
arrested, I desired the liberty of returning home, in order to change 
my clothing, and offered security in the sum of one hundred thousand 
dollars, if he desired it, that I should meet him on the train the follow- 
ing morning. This he refused to do, and I was at once placed upon 
the train for Indianapolis, where we arrived that night I was 
then, in custody, taken to the Post Office Building, and delivered 
over to Mr. Bigelow, Deputy United States Marshal. Afterward 
in the course of the evening, I was taken to a prison-room and 
locked up. The next day I was removed from that place to the 
room in which Dr. Horton and Mr. Reynolds were confined. I 
remained there some thing over four weeks. I never saw any affi- 
davits that may have been filed against me, though I was informed 
'that affidavits, charging me with me with discouraging enlistments, 
had been filed. Upon this information derived from my counsel, 
(Mr. Walpole,) I procured several affidavits, disproving the charge 
alluded to. 

During my imprisonment, I frequently insisted upon a trial and 
examination. Rose stated to me that I had been arrested upon a 



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charge of discouraging enlistments ; that he had no discretion in 
the premises; that he had telegraphed and written to Washington 
for instructions, and was awaiting them. I received no trial, 
no examination, and when released it was in these words, as near 
as I can recollect. I had been, all the time I was in prison, unwell 
from a disease of the throat. Rose, addressing me, said, "Richard, 
how is your throat ?" Upon answering that it was some better, he 
said, "I have no more to do with you; you can go home, or stay 
here, or go where you please; I have no more to do with you." I 
then remarked to him that I had no trial, no opportunity to con- 
front the witnesses against me. He replied that he had nothing 
to do with that. Upon this hint I returned home, and at my own 
expense. 

The assertion that I had discouraged enlistments, in any instance, 
is false. On the contrary, I had habitually encouraged enlistments, 
by speeches and money expended for that purpose. One of my 
counter affidavits, the one signed by Captain Crawford, then a 
Captain, but now a Chaplain to that regiment, the Eighty-Third, 
and some twenty-five others, officers and men of the regiment, 
substantiated the declaration I now make, and proved my services 
in aiding and encouraging enlistments. 

Captain Cheek read to me the order for my arrest, and it con- 
tained instructions for him to try and procure more affidavits 
against me. I am a Democrat. 

Question by Mr. Morgan — 

Are you opposed to the present Administration? 

Answer — Yes, sir. 

Question by Mr. Morgan — 

What did you say in your speqch at Dover, in your county, 
against the present Administration ? 

Answer — I believed that it was an Abolition Administration, 
and so said. 

Question by Mr. Morgan — 

Did you, in that speech, give the Administration hell generally ? 

Answer — I denounced the Administration as an Abolition Ad 
ministration, as corrupt, in my estimation, in strong terms. 

R. D. SLATER. 



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76 
GEORGE M. LOZIER (Dearborn County) SWORN. 

Examined by Mr. Howard — 

Answer — My name is George M. Lozier; I am forty-eight years 
of age; by occupation a farmer; reside in Dearborn county, and 
have resided there nearly forty-seven years; I have a family — a 
wife and six children. 

I was arrested on the 15th day of August last, at my home, by 
Captain David Cheek, an officer in the regular army, and one 
Henry Pierce, who took me first to Lawrenceburg, and afterward I 
\vas taken to Indianapolis by a man by the name of Miller, also of the 
regular service. At Indianapolis I was taken before Governor 
Morton who said that such business did not belong to his department. 
I was then taken to the Post Office Building, and, as I am inform- 
ed, before the Deputy United States Marshal, and released because 
of the affidavit having been destitute of a seal. The affidavit is 
as follows : 

" State of Indiana, 

"Dearborn County. 

"Before me, Theodore Gazley, a Notary Public in and for said 
county, on this fifteenth day of August, 1862, personally came 
Albert D. Jackson, who being by me duly sworn, made oath that 
he is a resident of said county of Dearborn, and that on Friday, 
the eighth day of August, 1862, at said county, one George M. 
Lozier, a resident of the same county, did attempt to persuade, 
hinder, and prevent him, the said Albert D. Jackson, from volun- 
teering into the service of the United States, by then and there 
saying to said Jackson that the bounty and bounty money offered 
by the United States to volunteers after the war was over would 
not be worth that much brown paper, and was not worth much 
now; and that if he had any intention of volunteering, if he, said 
Jackson, would let him (said Lozier) talk with him a little while, 
he would not volunteer in the service of the United States in the 

present war. 

^ "ALBERT JACKSON. 

" Sworn to and subscribed before me this fifteenth day of August, 

1862. 

"THEODORE GAZLEY, 

" Notary Public.''^ 

The affidavit is not true. Jackson afterward told me that at 
Lawrenceburg he was detained some four hours and over-persuaded 



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to file that affidavit; that at the time he (Jackson) protested that 
the statements therein contained were not right; that his persuaders 
threatened him (Jackson) that if he did not make the affidavit he 
would be sent to Camp Morton ; that he requested them to change 
that portion of the affidavit that went on to state that I tried to 
persuade him not to volunteer; and that he thought that was 
stricken out or changed. 

[ The above answer, as to what Jackson told Lozier, is objected 
to by Mr. Morgan.] 

My family were seriously shocked and annoyed by my arrest, 
and I left them in a high state of excitement. Politically, I am a 
Democrat. Jackson, who filed the affidavit, was, in 1860, a Lin- 
coln-man. My information is that those who procured Jackson to 
make the affidavit against me are Republicans. 

G. M. LOZIER. 



JOHN TATE (Jennings County) SWORN. 

Examined by Mr. Ferris — 

Answer — My name is John Tate. I am thirty-four years o 
age; by occupation a bricklayer; reside in North Vernon, Jennings 
county, Indiana; resided there about twenty-five years; I have a 
family — a wife and two children. I was arrested on or about the 
22d day of August, 1862, at my house by Walter Lattimore, 

Samuel Dixon, ex-sherifF, and — Leapper, and brought to this 

city, where I was imprisoned in the Post Office Building by one of 
the Deputy Marshals. I was confined there until on or about the 
13th of October. Lattimore, in reply to my question as to the 
cause of the arrest, said that it was for making use of "disloyal'' 
language. I know of no affidavits having been filed against me. 
I several times demanded an examination and trial, but received 
none. At my release, I was summoned to the Marshal's room, 
where I was informed that if I would take an oath submitted to 
me, I would be set at liberty. I took the obligation, which was in 
these words, to-wit: 

" I, John Tate, do solemnly swear that I will support, protect, 
and defend the Constitution and Government of the United States 



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against all enemies, whether domestic or foreign, and that I will 
bear true faith, allegiance, and loyalty to the same, any ordinance, 
resolution, or law of any State, Convention, or Legislature to the 
contrary notwithstanding, and support the Government in its 
efforts to crush out the rebellion and restore the Union ; and fur- 
ther, that I do this with a full determination, pledge, and purpose, 
without any mental reservation or evasion whatsoever; and fur- 
ther, that I will faithfully perform all the duties which may be 
required of me by law. So help me, God. 

^'JOHN TATE." 



"State of Indiana, . 
" MariOxN County. 

"Subscribed and sworn to before me this thirteenth day of 
of October, 1862. 

-^ "J. S. BIGELOW, 



SEAL. 
V 



" Notary Public:^ 



I understand that Mr. Bigelow, who administered this oath to 
me, is Deputy United States Marshal, under Colonel Rose. 

As to my treatment while in prison, I do not complain of it up 
to the time the Blackford county prisoners came in. After that 
the food was not fit to eat. I paid my own expenses home. I am 
a Democrat. I never to my knowledge used any language, upon 
any occasion, I considered "disloyal," unless denouncing Abolition- 
ism may be regarded "disloyal." I saw no warrant or process for 
my arrest, nor heard of any, and never demanded any. I demanded 
a trial on several occasions, but never obtained it. I never could 
ascertain by whose authority I was arrested. 

JOHN TATE. 



JACOB L. KINTNER (Harrison County) SWORN. 

Examined by Mr. Brown — 

Answer — My name is Jacob L. Kintner. I am about fifty-six 
years of age ; by occupation a farmer ; reside in Boone township. 



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Harrison county, Indiana, and have resided there over thirty-one 
years ; have a family — wife and four children. 

I was arrested on the 25th day of October, 1861, from my resi- 
dence, at midnight, by a man who called himself Moore, a resident 
of Jeffersonville, and some twelve armed soldiers and four citizens ; 
the soldiers claiming to be Home Guards. I was taken to the 
tent of Colonel Hazzard, on the Kentucky side, opposite to West 
Point, on Salt river. At the time of my arrest, my brother 
approached Moore, at my request, for his authority for making the 
arrest. Moore stated that he was chief of Secret Police, by order 
of Secretary Salmon P. Chase, and exhibited a paper to that effect. 
The charge upon which they alleged my arrest was that of 
treason, as declared by Moore, and that I should answer to the 
same in the city of Louisville. No warrant or authority authoriz- 
ing said charge of treason was shown me, and the only authority 
they pretended to have was the paper said Moore had as secret 
police. The men who arrested me were under the command of 
Moore. From Colonel Hazzard's tent I was conducted to New 
Albany, and from thence to the city of Indianapolis, accompanied 
by Moore and two or three other armed men. Upon^my arrival 
at Indianapolis, I was placed in the custody of Lewis Jordan, 
Deputy United States Marshal. Jordan informed me that the 
charge upon which I had been arrested was not a bailable offense ; 
but that I could employ a guard to watch me, and by so doing 
I could avoid going to prison. Jordan named a guard of one 
man, whom I paid the sum of two dollars per day. Mr. Jordan 
told me that price was customary for such service. At the end 
of ten days I had a trial, before John H. Rea, Commissioner, and 
was duly acquitted. The evidence against me on trial was that 
of Moore only, who testified that he had heard me say, when in 
Colonel Hazzard's tent, under arrest, that I had sold mules into 
Kentucky. I paid my expenses while here and upon my return 
home, amounting to three hundred dollars, which was never 
refunded to me. After my arrival in Indianapolis, Moore filed his 
affidavit against me, alleging that he believed me guilty of trea- 
son, and upon that affidavit I was tried before the Commissioner. 

Question by Mr. Ferris — 

What is your politics ? 

Answer — I was a Whig. Since that party broke up, I have 
acted with the Democratic party. I am not an active partisan ; 
never attend conventions, simply vote. 



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Question by Mr* Ferris— 

What do you say of the charge made against you ? 

Answer—It is false. I contributed freely for the relief of the 
soldiers, and have given the administration a moral support I 
neither encouraged nor discouraged enlistments. 

Cross Examination. 

Question by Mr. Gregg 

Was you present when your, brother made inquity of Moore as 
to the cause of yWr arrest? 

Answer~I was not; and what I have stated upon that point is 
upon information derived from my brother. 

Question by Mr. Gregg — 

Did you demand of Moore his authority for your arrest? 

Answer— I did. He said he was authorized to arrest ine and 
take me forcibly to Louisville, to answer the charge, but showed 
me no authority. 

Question by Mr. Baker — 

About how many mules did you sell to Mr. Graham ? 

Answer-*-! think some twenty-five or thirty mules and horses 
together. 

Question by Mr. Baker — 

Do you know what disposition he made of the mules and horses ? 
Answer- — I do not. 
Question by Mr. Baker — 

What arms did the arresting party take and carry away from 
your house ? 

Answer— Three shot guns, one rifle, and one pocket pistol. 
Question by Mr. Baker — 

Did you ever denounce the war as unconstitutional upon the 
part of the North? 

Answer— I have no recollection of denouncing the war as uncon- 
stitutional, but fully indorsed Judge Douglas' Indianapolis speech, 
and declared myself in favor of the Government. 

Question by Mr. Baker — 

Do you know of any secret organization intended to discourage 
enlistments or resist the draft? 

Answer — I do not. 

JACOB L. KINTNER. 



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81 
THOMAS P. COLE (^arrick County) SWORN. 

Examined by Mr. Ferris — 

Answer-My name is Thomas P. Cole. I am thirty-six years of 
age; by occupation an engineer; reside at Newburg, in Warrick 
county ; resided there five years ; have a family— a wife and four 
children. 

I was arrested on the twentieth of July last, at Newburg, by a 
file of three armed soldiers; by whose orders I do not know. At 
the time of my arrest I inquired what they wanted to do with me 
and they replied, for me to go to the hospital and they would tell 
me. I think this was on Sunday morning. They took me up to 
the hospital, and kept me there until between eight and nine o'clock 
in the evening, when Ewing BetheU, Dr. McGill, and Rufus 
Roberts came in, and Captain Bethell demanded to know whether 
I knew of Solomon Coker, A. J. Hnstun, William Brownlee and 
Alex. Mefferd aiding the rebels. I told them I knew nothing 
about it. They then threatened by saying that they had enough 
against me to hang me, and if I would tell about the men I have 
named, they would let me go. They detained me at the hospital 
under guard until Tuesday, when they took me to EvansviUe and 
placed me to the county jaU, where I was kept about two days, 
when I was taken from there by two persons— Colonel Bates, of 
the Home Legion, and another said to be a Deputy United States 
Marshal— to the Marion county jail, where I am now confined. I 
do not know what charges have been made against me. A few 
days before the raid upon Newburg, I was employed in running a 
threshing machine some four or five miles back of the river; bearing 
that guerrillas were in the neighborhood, that is to say, some four 
miles south of where I was at work, I left for fear of them and 
went to Newburg. At Newburg I informed several persons of 
what I had heard over the river. I had nothing to do with the 
matter. I never gave any information to the guerrillas, and do not 
know of any one who did. I understand that there is an indict- 
ment against me, but what it is for I do not know. I was not, so 
far as I know, arrested upon any charge, or upon any warrant 
My attorney. Judge McDonald, informs me that my trial has been 
continued until May. I am a Democrat. I am informed and 
believe that Bethell, McGill, and Roberts, above alluded to, are 
Republicans. My treatment at EvansviUe was good enough;' but 
here it is "pretty rough." I sleep on a mattrass laid upon a'rock 
C. A. A.— 6 



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floor. My eyes have been aflected since my imprisonment, but I 
do not know whether it is because of my imprisonment or not. 

Cross Examined by Mr. Gregory. 

I never demanded the cauee of my arrest before the indictment 
was found against me. The indictment was found a few days 
after my arrival here. The Court appointed Judge McDonald to 

^^^^^^ ^" THOMAS P. COLE. 



THOMAS F. BETHELL (Warrick County) SWORN. 

Examined by Mr. Ferris — 

Answer— My name is Thomns F. Bethell. I am forty-six years 
of age. My occupation is a merchant and dealer in produce. I 
reside in Newburg, Warrick county, Indiana, where I have lived 
for the last thirteen years. He, Tilman Bethell, was arrested in 
November, 1861, (I can't give the day of the month,) at Newburg, 
Indiana. At the time I named, a government boat arrived at the 
wharf at Newburg, having on board soldiers, armed and concealed. 
Some persons, in disguise, came on shore to ascertain the where- 
abouts of Tilman Bethell ; afterward the captain commanding the 
soldiers came to my store and inquired for Tilman, and I pointed 
him out to the officer, when he approached him and said, you are 
my prisoner, whereupon he demanded the authority of the officer 
to arrest him ; he was answered by the captain, my uniform is my 
authority. Tilman then remarked that he had done nothing, and 
would cheerfully go with him if he could get a speedy trial, and 
asked the officer if he knew what the charges were alleged against 
him. The officer replied, I do not know what charges, but I am 
ordered by General Crittenden to bring you to his headquarters. 
Tilman and myself then went with the officer on board the boat, 
the boat was loosed, and took us across the river to where my 
brother Tilman's trunk was kept. The Captain then ordered a file 
of soldiers to go and bring Tilman's trunk; they brought it down 
and was about to break it open, when Tilman remarked he had no 



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objection to their examining the contents of the same, and unlocked 
it for them ; they then examined the trunk, and not finding any 
thing they seemed to be looking for, they returned it to the house 
where they got it. The boat then took us to Henderson, Ken- 
tucky, where General Crittenden was then stationed, and we went 
on shore, to the GeneraPs headquarters ; after an examination of 
the case, General Crittenden remarked that there had been false 
representations made to him, and there was no cause for his arrest, 
and immediately released him. I called upon the General next 
morning, and asked for the information and from what source came 
the charges upon which Tilman was arrested. He remarked that 
it would not be proper to make the expose at that time ; afterward 
a letter came to my hands, written by James Root to A. L. Robin- 
son, which had been forwarded to General Crittenden ;, the letter 
stated that the notorious rebel, Tilman Bethell, had just returned 
from New Orleans, and was circulating Confederate money in 
Kentucky, and that he was recruiting for the Confederate Army. 
I believe Tilman was arrested on these charges, which I know were 
all false, without a shadow of a cause to believe the same. Til- 
man Bethell is my own brother ; in politics, we are both Demo- 
crats. 

The Mr. James Root and A. L. Robinson, referred to above, are 
both Abolitionists of the deepest dye. I make a distinction 
between them and Republicans. I do not know the name of the 
captain who arrested my brother. 

Cross Examined. 

Question by Mr. Baker — 

How long had your brother been back from New Orleans at the 
time of his arrest? 

Answer — About one month. 

Question by Mr. Baker — 

Where was your brother's trunk at the time it was examined, 
as you have stated, or when the soldiers found it? 

Answer — At a Mr. HilPs in Kentucky, a friend of my brother, 
where he was in the habit of going often. 

Question by Mr. Baker — 

How long was your brother in custody. 

Answer — About twelve hours. 

Question by Mr. Baker — 



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"Were you present when the trunk was examined? 

Answer-— [ was standing on the boat when they examined the 
trunk, I could see them on shore. 

Question by Mr. Baker — 

What have you heard your brother say in regard to the proba- 
bility of the General Government being able to put down the 
rebellion ? 

Answer — I have heard him say, that with his acquaintance with 
the people of the South, it was his opinion they could never be 
subdued. 

Question by Mr. Baker — 

Was Governor Powell present at the conversation you have 
related with General Crittenden, and if so, what remarks he made 
about the arrest ? 

Answer — The Governor expressed his surprise that Government 
officers would arrest loyal men like my brother, he closed the 
remark that he thought the General would give him a favorable 
hearing. 

Question by Mr. Baker — 

Where does your brother now live? 

Answer — He lives in Newburg. 

T. R BETHELL. 

Subscribed and sworn to before me, this 12th day of February, 
1862. 

ED. P. FERRIS, 

Acting- Chairman, 



JOHN W. HURST (Warrick County) SWORN. 

Questioned by Mr. Lasselle — 

Answer — My name is John W. Hurst. I am thirty-nine years 
of age; by occupation a house carpenter; reside at Newburg, 
Warrick county; have resided there over a year. I am a man of 
family — a wife and five children, dependent on me for their sup- 
port. I was arrested at Newburg on the night of the 18th of July 
last. I was arrested by order of Colonel Foster, as I understood, 



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who, at the time of ray arrest, upon a demand for the cause of my 
arrest, stated that he would let me know when I got to Evans- 
ville. In taking me down on the wharf-boat on the way to Evans- 
ville, repeating the question, Foster added— "I am told tfiat you 
[meaning this affiant] crossed the river with the rebels to-day/' 
At Evansville I was placed in the county jail. This was on Fri- 
day night, and on the following Thursday I was brought to this 
city, and placed in prison here in the Marion county jail, where I 
have been confined ever since. Neither at the time of my arrest, 
nor since, I have ever seen or heard of any warrant against me, 
nor did I demand any, though I did demand of Colonel Bates, on 
the way here, and after arrival here of the Deputy Marshal, an 
examination and trial. I have had none. Mjt attorney, Mr. Col- 
ley, informs me that there is a bill of indictment against me, but 
nothing to sustain it. I am informed that Mr. Hanna, United 
States District Attorney, admits that he has no evidence to sustain 
the charge against me. The charge that I ''crossed the river with 
the rebels that day," or that I had any thing to do with the rebels, 
or knew of their coming, is false. When I was arrested, I was, 
with other citizens of Newburg, engaged in doing guard duty for 
the protection of the peace against further outrage. I was armed 
by Mr. Zaven Hazen, who gave out the arms to the citizens. I 
was called by Lewis Robinson and requested to give up my gun 
by Colonel Foster, who, when I gave it up, informed me that he 
would take care of me also. My request, at my arrest, for the 
privilege of going home to change my clothes, was denied me, and 
I was carried away without an opportunity of seeing my family. 
Politically, I am a Democrat. I think Robinson, who aided in my 
arrest, is a Republican. I have been sick most of the time since I 
have been here. 

Question by Mr. Morgan — 

Has the Grand Jury of the United States District Court found 
a bill of indictment against you? 

Answer— My attorney has informed me so. 
Question by Mr. Shoaff — 

What is the politics of Mr. Hazen, who furnished you with the 
musket to go upon guard? and j^is standing as a man of character? 
Answer — He is a Republican ; his character is good. 

J. W. HURST. 



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JAMES a BAIRD (Posey County) SWORN. 

Examined by Mr. Ferris — 

Answer — My name is James C. Baird. I am about forty years 
of age, by occupation a farmer and trader; reside at Mount 
Vernon, Posey county, Indiana ; resided there over fourteen years. 
I have a family — a wife and five children. 

I was arrested, at Mount Vernon, about the 21st of January 
last, at night, by four men belonging to the Fifth Cavalry, com^ 
manded by Captain Sea, armed with revolvers. At my arrest, 
demanding the authority therefor, I was answered that it was 
none of my busine'ss, and I was struck and kicked. They then 
cursed me, charging that I had threatened some of the soldiers 
with a load of buckshot for stealing my turkeys. . I was taken to 
Camp Graham, id Captain Sea, who said he was responsible for 
my arrest. After having been taken from there to Captain 
Ammon's quarters, I was returned to Captain Sea, who told me 
that if I would take the oath I would be released. I inquired of 
him what that oath amounted to, and whether it included Lin- 
coln's abolition proclamation. He answered that it did. This 
I declined doing. He then ordered me to be tied, which was 
done'. Having been unwell that day, I had eaten neither dinner 
nor supper, and asking him for some thing to eat, which he denied 
me. I was compelled that night, a frosty night, to sleep on a pile 
of straw under a wing or fly of the tent. He refused me any 
covering, though that was afterward furnished me by another 
soldier, who, inquiring of Captain Sea who I was, was answered 
that I was a " Butternut.'' Remarking that I would '' freeze 
that way " the soldier gave me blankets to cover me, and one of 
the guards loaned me an overcoat. The next morning my wrists 
were untied, and I was furnished with breakfast. After breakfast 
Captain Sea again approached me as to taking the oath; and for 
the same reason I again declined. I was then taken on horseback 
on the road to Newburg; but returning to obtain my money, 
which was in the hands of Captain Sea, again I was asked to 
take the oath, including the abolijjon proclamation, which I took, 
and was released. This was about ten o'clock the next day after 
my arrest. Politically, I am a Democrat. I demanded an ex- 
amination and trial of Captain Sea, who told me I could not have 



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it. I was also denied any communication, by message or other- 
wise, outside of the camps ; and while I was under confinement, 
a file of soldiers returned and searched my house during my 
absence, as my wife subsequently informed me. 

JAMES C. BAIRD. 



JAMES S. MILLS (Posey County) SWORN. 

Examined by Mr. Given — 

Answer— My name is James S. Mills. I am fifty-eight years of 
age; by occupation a farmer; reside about six miles from Mount 
Vernon, Posey county, Indiana ; have resided in that neighborhood 
over forty years ; have a family — a wife and ten children. 

I was arrested at home, on the 31st day of January last, at 
night, by a file of four armed soldiers. On the day preceding the 
evening of my arrest, two men, in citizen's dress, who afterward, as 
soldiers, aided in my arrest, came to my house and commenced in 
conversation the subject of politics. They denounced the Adminis- 
tration and its Abolition policy, and elicited from me similar obser- 
vations; remained at my house, took dinner with me, and left. 
These same men, and two others, were the arresting party. Being 
so arrested, my arms were tied behind me, and I was conveyed to 
the camp near Mount Vernon, some six mtles from my home, and 
there taken to the quarters of Captain Ammon ; there I remained 
for a short time, when I was taken to the Commissary's Department 
and remained there until the next morning. My step-son, (John 
A. Bell,) was also arrested with me, and accompanied me. The 
next morning, upon the order of Captain Ammon, myself and 
step-son were taken down to the hospital, which was in the Meth- 
odist Church, where my step-son remained three days, and myself 
six days. I was released upon giving bond and taking an oath to 
support the Constitution of the United States and that of Indiana; 
support the Administration of Mr. Lincoln, and not to speak dis- 
respectfully of the President. Bell, my step-son, was released upon 
taking an oath. When I was arrested, on demanding the authority 



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for my arrest, I was answered that I would have to go to camp g^nd 
see whether they had any authority or not. 

Question by Mr. ^^own — 

What is your politics? 

Answer — I am a Democrat. 

Question by Mr. Ferris — 

What was your treatment while in custody? 

Answer — Except being tied, and refusing me the privilege of any 
communication with my friends, I do not complain of it. 

Question by Mr. Baker — 

What expression did you make to the two men w^ho took dinner 
with you in reference to President Lincoln? 

Answer — I said it was a pity that Mr. Lincoln's head had not 
been taken off, and this difficulty would not have occurred. I also 
said that his Emancipation Proclamation had strengthened the 
South and divided the North. 

Question by Mr. Baker — 

Had you not, prior to yoar arrest, on several occasions said some 
thing to discourage enlistments? 

Answer — I did not, only to my son, to whom I said, " let those 
volunteer who want to.'' I had but one son who was old enough. 
I have three sons-in-law in the army. 

Question by Mr. Gregg- — 

Who administered that oath to you ? 

Answer — Captain Ammon. 

Question by Mr. Gregg — 

Had he any other office than that of Captain ? 

Answer — I do not know. 

JAMES S. MILLS. 



CALVIN JONES (Spencer County) SWORN. 

Examined by Mr. Lasselle. 

Answer — My name is Calvin Jones. I am forty-one years of 
age ; reside at Rockport, in Spencer county, Indiana ; resided in 
that county for about thirty-five years ; my occupation is that of 
publishing a newspaper, " The Rockport Democrat." I have a 
family — a wife and six children. 



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On or about the night of the 28th of January last, after I bad 
left the office and gone home, a file of soldiers, as I am informed 
and believe, from Captain Leason's company of cavalry, placed an 
armed picket, or guard, around my office. A portion of them then 
passed up stairs into my office, where they demolished or de- 
Btroyed my cases, type and furniture, except the press, which was 
situated in the back part of the room. The door was broken open 
with an axe. Upon my return to the office, a short time after the 
soldiers left, I found the office in the condition stated. I had the 
county officers to examine and appraise the damage, which they 
estimated at five hundred dollars, which, in my judgment, was 
below the actual loss. In corroboration of what I have stated, 
as to the persons who destroyed my office, I will add, that I 
have seen a letter from Captain Lease to Colonel Crooks, of the 
Home Legion, in which Lease^ admits that some of his soldiers 
were concerned in the mob, and deprecates their action in the 
premises. My information as to the persons concerned in the mob, 
and the manner in which the work was effected, I obtain from 
information from others, as I was not present at the time. The 
impression is universal, and not disputed in Rockport, that the 
soldiers did it. The paper I publish, as its name indicates, is 
Democratic, and I am a Democrat. 
Question by Mr. Baker — 

Did you ever publish anything in favor of the rebellion? or 
discouraging enlistments ? 

Answer — Not that I know of? 

CALVIN JONES. 



SAMUEL LOGSDON (Spenccr County) SWORN. 

Questioned by Mr. Ferris — 

Answer— My name is Samuel LogsdorT. I am over forty-two 
years of age; by occupation a merchant; reside at Taylorsport, in 
Spencer county, Indiana; have redded in that county twenty^seven 
years ; have a family— wife and fiVe children. 

I was arrested about the 1st of January last, at Eureka, in ' 
Spencer county, by a Sergeant Major, and an armed force of eight 



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or ten soldiers of the Fifth Cavalry. Don't know his name. In 
reply to my demand for the ground of my arrest, he said that it 
was for "treasonable conversation." I was from there taken to 
" Camp Newburg," before Colonel Graham, who said to me that 
the Sergeant- Major was authorized to arrest citizens ; and the 
next morning, upon taking an oath in substance to support the 
Constitution of the United States and that of Indiana, I was 
released. I was then, and still am, a member of the Home 
Legion. I am a Douglas Democrat. No warrant or authority 
for my arrest was shown me. 

Question by Mr. Baker— 

What was the substance of the conversation for which you 
were arrested? 

Answer — In controversy with a citizen named Waters, he 
(Waters) said that the editor of the Cincinnati Enquirer was a 
traitor, and that any man who read the paper was also a traitor; 
and that Mr. Buchannan should have been shot. To which, 
among other things, I replied that Lincoln out to be shot for his 
proclamation. 
. Question by Mr. Baker — 

State, if you know, what the soldiers who arrested you were 
engaged at w^hile in your neighborhood? 

Answer — They were gathering up soldiers who had left their 
regiments. 

SAMUEL LOGSDON. 



WILLIAM McHENRY (Paducah, Kentucky) SWORN. 

Examined by Mr. Shoaff — 

Answer — My name is William McHenry. I am twenty-six 
years of age; by occupation a steamboat-man; reside at Paducah, 
Kentucky ; but generally on the river. ^ 

I was arrested at Evansville, Indiana, on the thirtieth of Septem- 
ber last, by a file of six of the provost guard, who took me to the 
Provost Marshal, who said to the guard, "I don't know any thing 
about him; I have nothi^ against him; I will have to send him 



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to jail," which was done. I lay in prison there some two weeks, 
when I was tajven out, and an affidavit was then filed against me. 
The affidavit alleged, in substance, that in the fall of 1861 the 
steamer "Samuel Orr" was lying at the wharf, at Paducah, when 
the rebels made a raid on the boat to take possession of her; that 
at the order of White Fowler, who was at the head of the rebels, 
I attempted to loose the boat from her moorings; that I (this 
affiant) was shot twice by. a rebel while attempting to do so; that 
from said wounds I was confined in the Marine Hospital at Padu- 
cah. This affidavit was made by one James Hughes. After my 
appearance at the Provost Marshal's office, I was returned to the 
jail, and subsequently, on the Thursday following, brought to this 
prison, where I have been since and am now confined. Mr. CoUey, 
my attorney, informs me that there is no bill of indictment filed 
against me. In the confusion, which existed on the boat at the 
time she w^as taken, I did not know who called to me to loose the 
boat, and never thought of aiding the rebels in doing so. The 
name of the rebel who fi.red upon me is George Alderson. I was 
in the service of the General Government, on transports, after the 
steamer difficulty for some months, conveying soldiers up the Ten- 
nessee river. I have never aided the rebels by word or deed. I 
never saw any warrant for my arrest, and never heard of any. 

Question by Mr. Morgan — 

* ** * * * * * * * ** 

I did not loose the line of the boat ; they backed her and parted 

the line. # 

WILLIAM McHENRY. 



HENRY HAUB (Gibson County) SWORN. 

Question by Mr. Brown — 
State your age, residence, and occupation. 

Answer — I am a resident of Haubstadt, Gibson county, Indiana. 
My age is fifty-two years; am a merchant. 
Question by Mr. Broavn — 
State what you know abqut any arbitrary arrest made in the 

State of Indiana. 



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Answer — I know of none except my own. I can not tell "the 
day of the month when I was arrested, but it was some time in 
the month of February, 1862; was arrested by the Mars^hal of the 
City of Evansville and five other men, and taken to Evansville; 
was arrested at my home. The officer that arrested me had a 
warrant from James Blythe, commanding officer of the Indiana 
Legion. I was charged with breaking up a company of volun- 
teers of one Captain Geolser, who was raising a company of the 
First Indiana Regiment. I had before this raised a company of 
Home Guards myself, and was elected captain. I helped Mr. 
Garvin, a member of the present Legislature, also raise a com- 
pany for the Sixty-Third Regiment. I have given my support to 
the Government in all respects, and upon all occasions, in the 
prosecution of the war. I am a Democrat. Captain Geolser is a 
Republican. I had a trial the next day after my arrest, and it was 
ascertained that the evidence was all rumor, and I was released. 
On being arrested, I gave bond in the sum of five thousand dollars 
for my appearance. 

Question by Mr. Morgan — 

Was you ever imprisoned ? 

Answer — I was not. 

Question by Mr. Morgan — 

How long were you in custody? 

Answer— From four o'clock in the afternoon until eleven o'clock 
the next day. 

Question by Mr. Morgan — 

Who do you think caused the arrest? 

Answer — I think a letter of Captain Goelser to Philip Culp was 
the cause of the arrest, and Geolser stated on oath that he believed 
I was as loyal a man as he was himself, and that he regretted that 
any thing of the kind had occurred. 

HENRY HAUB. 



AMOS GREEN (Paris, Illinois,) SWORN. 

Examined by Mr. Hanna — 

Answer — My name is Amos Green; aged thirty-six years; by 
profession an attorney at law, and reside at Paris, Illinois. 

On the 8tL day of August, 1862, I came to Terre Haute, in 



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this State, on business. While there, I was arrested by Samuel 
Conner, sheriff of Vigo county, assisted by a man named George 
H. Purdy, who said he was a constable, and had a company in 
camp, near Terre Haute. I demanded their authority — told them 
that if they had a writ from any court of competent authority, I 
was ready and willing to submit, but was not willing to submit 
without they had legal authority to make it. They showed me a 
telegraphic dispatch, purporting to be from Paris, and dated that 
8th of August. It was about in these words : " Arrest Amos 
Green for treason, and have him at the train to go east." It was 
signed D. L. Philips, by John J. Logan. That was the only au- 
thority they showed me. I told sheriff Conner that Logan was an 
irresponsible man; held no office that I knew of ; that he was a 
personal enemy of mine, in consequence of my being retained as 
counsel to assist in prosecuting him upon two indictments for 
felony. Purdy then remarked, that he knew that Logan was a 

" d d thief." I protested against their taking me into custody 

upon that authority, and told them I would hold them responsible. 
They arrested me and, at my request, took me to the otEce of Mr. 
Voorhees. There Mr. Voorhees prepared a petition for me for a writ 
of habeas corpus, which Judge Claypool granted upon an inspec- 
tion of the petition. The case came on for hearing. Sheriff Con- 
ner made his return to the writ, setting up as his authority for my 
arrest and detention, the telegraphic dispatch that I have before 
described. Judge Claypool expressed the opinion that the dispatch 
constituted no legal authority for the arrest and detention, and the 
cause was informally laid over until the Tuesday following, and I 
was discharged upon my promise that I would attend on the Tues- 
day following, or at an earlier period, if required by the court. 
About one hour and a half after I had been so discharged, I was 
again arrested by Sheriff Conner. That time he showed me no 
dispatch or authority whatever; said he was requested to take me 
over to Paris upon a special train. I refused to go until I con 
suited with my counsel, claiming that I was technically in the 
custody of the court. Sheriff Conner then accompanied me to 
the Stewart House. I sent for Mr. Voorhees, one of my counsel, 
who met me there. After consulting with him in regard to what I 
had better do, whether to submit under protest or to resist, he 
advised me that I had better submit under protest against its legality, 
as they had a regiment of soldiers in camp, near the city, and 
resistance would, perhaps, only involve us in trouble. I was teiken 



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by Conner on the 11:20 train, going west, on the Terre Haute, Alton, 
and St. Louis Railroad. When the train got to Sanford station, 
on the State line, and stopped, David L. Philips, Marshal for the 
Southern District of Illinois, and two deputies, came on board the 
train. I was delivered to them by Sheriff Conner. I demanded of 
Marshal Philips his authority for arresting me. He told me he did 
it "by order of the President, backed by six hundred thousand 
bayonets." I refused, to submit to the arrest unless he showed 
some legal authority or process authorizing it; told him of the pro- 
ceedings before Judge Claypool upon habeas corpus. He said 
that he had orders to arrest any Judge who granted a writ, or dis- 
charged any State prisoner upon the return of a writ of habeas 
corpus. He then showed me a General Order of Secretary Stan- 
ton, which then assumed to suspend the writ of habeas corpus^ and 
authorised the United States Marshals to arrest all persons who 
might be guilty of disloyal practices, or discouraging enlistments. 
I was taken by the Marshal and his deputies to Springfield, Illinois. 
They refused to permit me to stop at Paris, on ouir road, to see my 
family, or to procure necessary clothing to take with me. 

We arrived at Springfield on the ninth of August, where I was 
permitted, under military guard, to remain at a private boarding 
house by paying my own board. I was compelled to pay my own 
board or be sent to Camp Butler. I preferred the former. While 
at Springfield I was given to understand by the United States 
Marshal that any attempt to procure my release by habeas corpus^ 
or employ counsel, would be regarded as an aggravation of the 
offense, I requested the Marshal and his deputies to inform me 
what the offense was with which I was charged. Their answers 
were evasive and indefinite. 

I was attacked with flux while detained there, and on Wednes 
day following they started with me for Washington City. I pro- 
tested against their taking me until I recovered sufficiently to be 
able to travel; but I was told that I would have to go, and that I 
could travel in a sleeping car at night. When we reached Wash- 
ington City, in consequence of my being sick, and through the kind- 
ness of Isaac Keys, Deputy Marshal, I was allowed to go to Willard's 
Hotel until I could call upon the authorities to try and obtain my 
discharge. In company with Hon. John P. Usher, then Assistant 
Secretary of the Interior, and who was my personal friend, I went 
to the War Department to ascertain the nature and character of 
the charge on which I had been arrested. Stanton was not in, but 



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we saw Mr. Watson, the Assistant Secretary of War. We in- 
quired of him upon what charges I had been arrested. He said 
they were not in the habit of disclosing the nature of such charges; 
said "he would not at that time discharge his grandfather;" but 
finally told us the whole matter of arrests was referred to the Judge 
Advocate General, who could summon a Military Board to try fhe 
case, or inquire into it himself. The next morning Mr. Usher and 
myself called at the office of Major L. C. Turner, Judge Advocate, 
and upon a statement of the case made to him by Mr. Usher, he 
said he would discharge me if I would give a bond in the sum of 
five thousand dollars. I gave the bond, and was thereupon dis- 
charged. No specific charges of any kind were shown me, nor 
could I learn what the nature of them were, except through Mr. 
Isaac Keys, one of the Deputy Marshals who took me to Wash- 
ington, who told me the principle charge was, "that I was the 
author of an article published in the Democratic Standard^ under 
the caption, ' Can a Continuannce of the War Restore the Union;' 
and which article assumed that war was not a rightful remedy for 
existing troubles, and that the Union could only be restored and 
perpetuated by an amicable and honorable compromise of existing 
differences.'' A copy of the paper containing the article, I was 
informed, had been filed with the Secretary of War, and an order 
made for my arrest. I had to pay my board and expenses while 
detained in Washington City, and my fare home. 

Question by Mr. Hanna — 

State how long you have known John Logan, upon whose 
dispatch you were arrested ? 

Answer — I have known him about six years. 

Question by Mr. Hanna — 

Do you know his character, in the neighborhood where he resides, 
for truth and veracity ? 

Answer — I do. 

Question by Mr. Hanna — 

Is.it good or bad? 

Answer — It is notoriously bad. His testimony is considered 
prejudicial to any case in which he is examined before a jury of 
the county where he is known. 

Question by Mr. Hanna — 

State whether he has not several times been indicted for felony? 

Answer — He has been indicted for felony three times to my 



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knowledge, and four or five times for misdemeanors, some of them 
for malfeasance in office. Two of the indictments were pending 
against him at the time he sent the dispatch, ^nd has since forfeited 
his recognizances and left the county. 

AMOS GREEN. 



WILLIAM H. STEWART (Vigo County) SWORN. 

Question by Mr. Hanna — 

State your name, age, occupation and place of residence. 

Answer — My name is Wm. H. Stewart, my present occupation 
Mayor of the city of Terre Haute, my age forty-three years, and^ 
my residence the city of Terre Haute, Indiana. 

Question by Mr. Hanna — 

State whether you are acquainted with John J. Logan, of Paris, 
Illinois. 

Answer — I am. 

Question by Mr. Hanna — 

How long have you known him ? 

Answer — Ten or fifteen years, and probably longer. 

Question by Mr. Hanna — 

What is Logan's character for truth and veracity ? 

Answer — His character, in these respects, is uncommonly bad. 

Question by Mr. Hanna — 

What do you know of him that makes him bad ? 

Answer — I have known him for several years to be in the habit 
of kidnapping or arresting men, without law or warrant, and carry- 
ing them from one State to another. 

Question by Mr. Hanna — 

What was his object in making such arrests? 

Answer— He was acting in the character of a constable or police- 
man, and generally made such arrests on the suspicion that the 
parties might be fugitives from justice, by whose delivery he might 
make a fee or obtain a reward. 

Question by Mr. Hanna — 

What else do you know of him that is bad ? 

Answer — Nothing except from general report, that he was fre- 
quently under arrest or indictment for the above description of acts 
and others. ' 



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Question by Mr. Hanna — 

Are you acquainted with Amos Green, of Paris, Edgar county, 
Illinois ? 

Answer — I am. 
Question by Mr. Hanna — 

What is Mr. Green's character and reputation as a citizen and 
loyal man ? 

Answer— I have known Mr. Green for three or four years, and 
never knew, or heard any thing of him, but what was creditable to 
him as a loyal man and honorable citizen, fulfilling all the duties 
of life m the most exact and scrupulous manner. 

Question by Mr. Hanna — 

Do you know any thing of the causes and circumstances of Mr. 
Green's arrest in the city of Terre Haute, in August, 1862, and, if 
so, state what you know. 

Answer— About the 8th day of August, 1862, I was at the 
depot, m Terre Haute, when the train from Paris, Illinois, arrived, 
and was informed by some persons coming over in the train that 
Amos Green was aboard, and was leaving the country, and that 
there was a dispatch sent to Terre Haute from Paris to have 
him arrested. Soon after that the Sheriff of Vigo, or his deputy 
showed me the dispatch referred to, and which, it appeared, was 
signed J. J. Logan, of Paris, Illinois. Soon after I saw Green in 
the Sheriff's custody, by whom he was taken before Judge Clay- 
pool, of the Circuit Court, by whom, I understood, he was dis- 
charged on his own recognizances. Afterward I knew nothing 
personaUy of the circumstances, except through hearsay, which did 
not differ from the facts as generally admitted and understood in 
Terre Haute, in regard to his arrest and re-arrest. 

W. H. STEWART. 

CALLUM H. BAILEY (Vigo County) SWORN. 

Questioned by Mr. Hanna — 

State your name, age, occupation, and place of residence. 

Answer—My name is Callum H. Bailey; my age forty-nine 
years; am at present Recorder of Vigo county, Indiana, and my 
residence Terre Haute, Indiana. 

Question by Mr. Hanna— 

State whether you are acquainted with John J. Logan, of Paris 
Edgar county, Illinois ? " 

C. A. A.— 7 



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Answer — I am. 

Question by Mr. Hanna — 

How long have you known him ? 

Answer — About twenty years, probably longer. 

Question by Mr. Hanna — 

State whether you are acquainted with his character for truth 
and veracity. 

Answer— I have not known him for the last four or five years as 
intimately as formerly; but when I did know him, I deemed him a 
man of very doubtful reputation, and rather a bad character, and 
think him so still. 

Question by Mr. Hanna — 

Are you acquainted with Amos Green, of Paris, Edgar county, 
Illinois? 

Answer — I am. 

Question by Mr. Hanna — 

What is his reputation as a loyal and good citizen ? 

Answer— From six or seven years' acquaintance with him, I 
regard him, in all the relations of life, as one of the most upright 
and exemplary citizens I have ever known, and believe him to be a 
good and loyal citizen. 

Question by Mr. Hanna — 

Do you know any thing of his arrest, and the attendant circum- 
stances, in the city of Terre Haute, Indiana, in August, 1862; 
and, if so, please state what you know ? 

Answer — I saw and conversed with him in August, 1862, when 
arrested by, and in the possession of, Samuel Conner, Sheriff of 
Vigo county, as I understood at the time, in consequence of a 
telegraphic dispatch from John J. Logan to the Sheriff of Vigo, 
charging the said Green with the crime of treason. The dispatch, 
which I saw and read at the time, was signed by John J. Logan, 
of Paris, Illinois, for and on behalf of some other person, whose 
name I can not now remember. He was subsequently virtually 
released from said arrest on a writ of habeas corpus by the Hon. 
Solomon Claypool, Judge of the Vigo Circuit Court, who released 
ihim on his own recognizances. 
Question by Mr. Hanna — 

Was he afterward re-arrested by Sheriff Conner ? 

Answer — I so understood by common report, but did not see 
Mr. Green after his first arrest until his return from Washington 
City. 

C. H. BAILEY. 



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BURWELL H. CORNWELL (Vigo County) SWORN. 

Questioned by Mr. Hanna— 

State your name, age, occupation, and place of residence. 

Answer-My name is Burwell H. Cornwell; am forty-four years 
ot age; am at present in no business, having recently sold out my 
hardware store; and am a resident of the city of Terre Haute 
Vigo county, Indiana. ' 

Question by Mr. Hanna — 

State if you are acquainted with John J. Logan, of Paris, Illinois. 

Answer— I am not, except by reputation and common report. 

Question by Mr. Hanna — 

Are you acquainted with Amos Green, of Paris, Edgar county, 
Illinois? o j> 

Answer — I am. 

Question by Mr. Hanna— 

What is Mr. Green's character and reputation as a loyal man 
and citizen ? 

Answer-I have known Mr. Green two or three years, and 
regard him as a gentleman and good citizen, loyal to the Constitu- 
tion and the Government, and perfectly reliable in all the relations 
ot life. 

Question by Mr. Hanna — 

Do you know any thing of Mr. Green's arrest, and the attendant 
circumstances, in August, 1862, by Samuel Conner, SheriiT of 
Vigo county? 

Answer-I amved at the clerk's office a minute or so after his 
trial and can only say that Mr. Bailey's statement, as read to me, 
IS fully corroborated by all I heard or saw of the matter. 

B. H. cornwell. 

WILLIAM D. LATSHAW (Paris, Illinois,) SWORN. 

Examined by Mr. Hanna— 

Answer-My name is WiUiam D. Latshaw; aged fiftythree 
years ; reside at. Paris, Illinois. I am clerk of the Circuit Court 
of Edgar county, Illinois. 

Question by Mr. Hanna— 

State what you know of the arrest of Amos Green, Esq., and 
the circumstances under which it was made ? 



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Answer— About the 8th day of August, 1862, I visited Terra 
Haute, in conjunction with Mr. Green and Mr. O'Hair, the sheriff 
of Edgar county, Dlinois, for the purpose of transacting business. 
I was with Mr. Green when he was arrested, and confirm the 
statements he has made to this Committee concerning his arrest; 
and I stayed with Mr. Green the most of the time that he was 
detained in Terre Haute by the officers having him in charge. 

Question by Mr. Hanna — 

State, Mr. Latshaw, whether you are acquainted with the 
character of John Logan, upon whose dispatch Mr. Green was 

arrested ? 

Answer— I have known John Logan for about twelve years. 
His character is very bad. From my knowledge of the people of 
Edgar county, I believe a large majority of the people regard him 
as a bad and dangerous man. There is on file now in my office 
several indictments against him, and others pending on change of 
venue in the Douglas Circuit Court. I know that his testimony 
has been discredited and ignored by juries of our court. 

Question by Mr. Hanna — 

State how long have you personally known Amos Green, Esq., 
and what his character is among his neighbors, as a gentleman and 
law abiding citizen ? 

Answer— I have known Mr. Green for about seven years. His 
character is that of a high-toned and honorable gentleman, and^hia 
fidelity to the laws of his country is unimpeached and unim- 

P^^^^"^^"- WM. D. LATSHAW. 



SOLOMON CLAYPOOL (Vigo County) SWORN. 

Examined by Mr. Brown — 

Answer— My name is Solomon Claypool; age thirty-four years; 
and reside at Terre Haute, Indiana. About the 8th of August last, 
a Mr. Green, of Paris, Illinois, made application to me as Judge 
of the Vigo Circuit Court, for a writ of habeas corpus, alleging, 
among other things, that Samuel Conner, Sheriff of Vigo county, 
was unlawfully restraining him of his liberty. I granted the writ, 
and when said sheriff made his return, he returned as his authority 
for arresting and holding said Green, a telegraphic dispatch, to 



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which was affixed the name of the United States Marshal of 
Illinois, by one Logan, which dispatch directed the arrest of said 
Green, for disloyal practices, or some thing to that effect. Upon 
the hearing of the cause, I informed the parties that there was no 
reason for the restraint of Green, and that if a decision was 
pressed, I should* make an order discharging him. It was sug- 
gested that the matter should be delayed without any decision 
until further intelligence could be received from Illinois, which 
was assented to, and agreed upon by the parties, and Green was 
released from custody upon the agreement that he would report 
himself at a time appointed, or sooner if required. I was informed 
on the same day that Green was before me, after being discharged 
as aforesaid, he (Green) was arrested by the aforesaid sheriff, and 
taken to Illinois. His case was not again taken up before me. 
Question by Mr. Lasselle — 

Were there any other grounds or authority for the arrest of 
Green, in his case tried by you, than those above mentioned ? 
Answer — There was none. 
Question 4)y Mr. Lasselle — 

Are you acquainted with the general moral chara<;ter of this 
Logan mentioned above ; and if so, what is it ? 

Answer — There was a Logan who resided two or three years 
ago at Terre Haute, and acted, for a while, as police or night 
watch, whom I knew, and whose general moral charaoffer I knew, 
and that it was very bad. He left Terre Haute, leaving behind 
him that kind of a reputation : and upon the day that Green was 
before me as above stated, I was informed, and it was the common 
understanding of those who were present at the trial, that he, the 
the last mentioned Logan, was the same person whose name was 
affixed to said telegraphic dispatch. ^ 

SOLOMON CLAYPOOL. 



WILLIAM B. McLEAN (Vanderburg County) SWOEN. 

Examined by Mr. Given — 

Answer— My name is William B. McLean ; aged forty-one 
years ; occupation a clerk in a dry goods establishment ; residence 
at Evansville, Vanderburg county, Indiana ; and have resided 
there over four years. I have a family— a wife and five children. 



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I was first induced to come to this city by James E. Blythe, 
General of the Indiana Legion, who, in consideration of vague 
rumors circulating against my loyalty, advised me to come here 
and go before Governor Morton, in order to have an examination, 
Blythe pledged himself, that if I would come he would accompany 
me ; take me to Governor Morton, and secure forme an immediate 
examination and trial. Upon our arrival, Blythe left me for the 
purpose, as he asserted, of seeing Governor Morton and procuring 
for me the promised examination. Up to this period there had 
been no charges, affidavit, or complaint beyond the mere rumors 
I have alluded to, made against me, that I know or ever heard of. 
When Blythe returned he was accompanied by Colonel King, of 
the Nineteenth E-egulars. After introducing Colonel King to me, 
we all three went to Colonel King's room in the Bates House. 
At his room Colonel King said to General Blythe — " Well, General 
Blythe, I suppose this is the man I am to take charge of?" 
Blythe replied that I was. This was on the 26th day of Septem- 
ber, 1861. King then placed me in charge of two Lieutenants, to 
deliver me to Lieutenant Andrews, officer of the guaird that day. 
I was then taken to the house of the SheriifF of Marion county, and 
handed over to the custody of Lieutenant x\ndrews, where I 
remained two days, when I was removed to a room in the Marion 
Court House, where I was kept in confinement for six weeks, under 
guard of a§&le of soldiers. I repeatedly demanded an examination 
and trial of the officers of the day on guard, but failed to obtain 
any, and was summarily released ; Lieutenant Gilbert stating to 
me that he understood that I was a member of the " Home 
Guard," and that I was willing to take the oath of allegience, and 
and that if so I would be released upon taking that oath. This I 
declined doin^ asserting my purpose to try the efficacy of a suit of 
habeas corpus for my release. The guard was then discharged, and 
I was left unguarded and no longer a prisoner, when, voluntarily, 
I visited a justice's office and took the oath. I never saw or heard 
of any affidavit, or charges against me. There never was any to 
the best of my knowledge and belief. Politically, I was an old- 
line Whig, and up to the time of my arrest had never voted a 
Democratic ticket as such, though I may have voted for individual 
Democrats for county officers. General Blythe furnished me with 
a railroad ticket home. During the period of my confinement the 
letters I wrote my wife and those I received from her were open or 
opened to the perusal of Colonel King, and it was only on this 



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condition that I was allowed to send or receive letters from her. 
I was also forbidden, by an officer of the guard, to have the use of 
any reading matter, newspaper, &c. 

Question by Mr. Lasselle — 

Did you ever demand, or learn from any source, the cause for 
your arrest ? 

Answer — I did demand but never learned. 

Question by Mr. Lasselle — 

Was any warrant of arrest ever read or stated to you in this case ? 

Answer — There never was at any time. 

Question by Mr. Gregory — 

State what excitement, if any, was created at Evansville, against 
you before your arrest, and state as near as you can, the cause of 
that excitement ? 

Answer — It was reported in Evansville, by one Robert Early and 
others, that I was a traitor, and engaged in affording aid and 
comfort to the Southern Confederacy, by furnishing information to 
said Confederacy, and against the Government of the United 
States. Whereupon I was credibly informed that the said Early 
afid others were attempting to incite a mob to do me some great 
bodily harm, and perhaps take my life. In consideration of this 
excitement, said Blythe and Baker advised and induced me to go 
to Indianapolis as I have heretofore stated. These rumors against 
me were unqualifiedly false, and had been investigated by Colonel 
Jones, Attorney General of Indiana, and General Blythe, and by 
them pronounced groundless, prior to my arrest or coming here. 

Question by Mr. Gregory — 

State before the time you were arrested if you did not send a 
pistol to some one in Kentucky, who was in sympathy with the 
rebellion ? 

Answer — I did not. 

Question by Mr. Gregory — 

Did you, prior to your arrest, send a pistol to Kentucky to any 
one? 

Answer — I did, to a cousin of mine, with the written permit by 
Mr. A. Ij. Robinson, Surveyor of the Port, at Evansville. 

Question by Mr. Ferris — 

Who is this man Early, and what is his politics ? 

Answer — He is the Deputy Sheriff of Vanderburg county, and 
a Republican — a violent political partisan. 

W. B. McLEAN. 



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CHARLES E. FREEMAN (Tippecanoe County) SWORK. 

Examined by Mr. Lasselle — 

State your name, age, residence,' and occupation. 

Answer — My name is Charles E. Freeman; aged thirty-eight 
years; reside at Lafayette, Indiana. I am a hotel keeper and a 
railroad ticket agent. 

Question by Mr. Lasselle — 

State if you were concerned in making arrests of persons, during 
last summer, in this State? 

Answer — I was, as Deputy United States Marshal, appointed by 
D. G. Rose. 

Question by Mr. Lasselle — 

State the names of the persons you arrested ; their residence ; 
when and where you arrested them ? 

Answer — Jacob Hushaw, who resided four or five miles below At- 
tica, in Fountain county. I arrested him at his house, on his farm. 
Also Samuel Stotsenberger, in Rob-Roy, in the same county, who 
resided there at that time. Stotsenberger is now dead. Another I 
arrested about three miles from Lafayette, in Tippecanoe county. 
I do not recollect his name. I do not know where he resides. 
Also another was handed over to me, and I brought him to this 
city, who said he had been in Price's army, in Missouri ; and an- 
other I had arrested here by the name of E. Lamson, who went by 
the name of Ed. Seville, who was reported to me, by the Provost 
Marshal of Louisville, as having cut the telegraph wire between 
Louisville and Nashville, though it turned out afterward that he 
was not the man. 

Question by Mr, Lasselle — 

Had you any written authority for the arrest of these men, or 
any of them ? 

Answer— I arrested Jacob Hushaw upon a letter from D. G. 
Rose, United States Marshal, by Bigelow, his deputy, ordering me 
to do so. The others that I arrested were arrested upon affidavits 
filed with me by persons, and when I handed over the prisoners to 
the Marshal, I also handed over the affidavits. 

Question by Mr, Ferris — 

Was you regularly appointed Deputy Marshal, and if so, how 
appointed ; and were you ever sworn as such officer ? 
Answer — My appointment was in these words, to- wit : 



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" United States Marshal's Office, 
" Indianapolis, Indiana, August 14, 1862. 

" Mr. Charles E. Freeman : 

"Sir: — You are hereby appointed a Special Deputy United 
States Marshal, to act untf^er the orders of. Secretary Stanton, 
issued on the 8th day of August, 1862. 

"D. G. ROSE, 

" United States Marshall 

" In addition to the above, I hereby appoint C. E. Freeman 
Assistant Provost Marshal for the State of Indiana. 

"D. G. ROSE, 

" Provost Marshal for Indiana,''^ 

I have no positive recollection of having been sworn under this 
appointment, as 1 received it by letter. 

The arrest of Seville was on a telegraphic order from General 
Boyle, of Louisville. 

Question by Mr. Ferris — 

State what was the tenor of the affidavits upon which you made 
the arrests ? 

Answer — Treasonable acts and treasonable language. 

Question by Mr. Ferris — 

What do you mean by treasonable acts and language ? 

Answer — I mean as I should construe it, the people saying any 
thing to try to demoralize our Government, calling our Government 

a d d old black Abolition Administration ; that any one who 

would enlist to go and fight to free the negro was no better than a 
d d negro himself. 

Question by Mr. Lasselle — 

State by whom these affidavits were handed to you to make the 
arrests upon. 

Answer — A sBldier handed me one, but I don't recollect his 
name. I think one was handed to me by William R. Ellis, clerk 
of the Court of Tippecanoe county, before whom it was sworn to. 
One was handed to me by a lawyer in Attica, and the other by 
whom I do not remember. 

Question by Mr. Fekris — 

How came you to make these arrests merely upon affidavits 
without any warrant ? 



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Answer — I considered it my duty to do so by virtue of riiy 
appointment. 

Question by Mr. Ferris — 

Did any of these affidavits charge upon those you arrested with 
any overt act of treason? 

Answer — They did not, to my recollection. 

Question by Mr. Ferris — • 

Were you armed when you made these arrests? 

Answer — Except in one instance I was. 

Question by Mr. Ferris — 

What disposition did you make of the prisoners when you had 
effected an arrest? 

Answer — Some two or three I lodged in jail for safe keeping 
until the train came, when I brought them to this city to Marshal 
Rose. 

Question by Mr. Morgan — 

Had you legal authority for all these arrests? 

Answer — I had, sir. 

Question by Mr. Lasselle — 

You state in the above answer that you had legal authority for 
making these arrests. Now state whether you had any other 
authority than that hereinbefore mentioned? 

Answer — The affidavits and the appointment from Marshal 
Rose was all. 

C. E. FREEMAN. 



HARRIS REYNOLDS (Fountain County) SWORN. 

Examined by Mr. Ferris — 

Answer — My name is Harris Reynolds ; agedVorty-two years ; 
reside at Jacksonville, in Fountain county ; by occupation a farmer 
and stock trader ; have a family of four minor children dependent 
upon me for support. 

On or about the first of October last, a file of about forty armed 
soldiers, under the command of Lieutenant- Colonel James Mc- 
Manomy, formed a line in front of my house and searched the 
premises in quest of me. Having had notice of their coming I 



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was not at my house at the time, though I saw them in file ^nd 
while searching my house, ^A guard was stationed and continued 
around my house for three days, when I gave myself up to the 
arrest. I learned from Lieutenant- Colonel McManomy that his 
authority for my arrest was an order from Colonel H. B. Carring- 
ton so to do. I was then taken by Lieutenant- Colonel McManomy 
to Indianapolis, and there delivered into the custody of Colonel 
D. G. Rose, who conducted me to a room in the Post Office Build- 
ing, where I was locked in. I remained there for over twenty days. 

During my imprisonment at Indianapolis, Colonel Rose exhib- 
ited to me an affidavit filed by one R. C. Wilson, (as I remember,) 
in which it was alleged that in a Democratic speech I had made at 
Jacksonville, in September last, I had said that before a draft 
should be enforced in my township I would see every spear of grass 
in my township dripping in blood rather than to submit to it ; that 
I had been instructed by several citizens of my township to call a 
meeting at that place for the following Monday, for the purpose of 
taking into consideration whether we should go into it as an organ- 
ized body or every fellow for himself; that all citizens, both Demo- 
crats and Republicans, were invited to attend the meeting. This 
is about the substance, as near as I can remember, of Wilson's affi- 
davit, and I here pronounce it unqualifiedly false, and have now the 
affidavits of a number of the best citizens of the neighborhood of 
Jacksonville, who heard the speech I did make, directly contradict- 
ing the sworn statements of this man Wilson. 

His affidavit was the only basis of charges against me that ever 
came to my knowledge. I often demanded a trial of Colonel Rose, 
who answered me that he had no authority for giving me a trial ; 
that he had caused my arrest under an order of the War Department, 
and that he had no discretion in the case, except to report me to the 
War Department. Having been drafted under the draft order, and 
while I was yet in prison, a proposition was first made to me that 
if I would go into the service as a soldier for twelve months, I should 
be released. This I declined, when a second proposition was made 
to me to furnish a substitute in lieu of my draft; this proposition 
also I hesitated to accept, on the ground, and so alleged, that I was 
innocent of the charge upon which I had been arrested, and that I 
was entitled to a trial and acquital, and that my having been 
drafted had nothing to do with my arrest. It was then further inti- 
mated that if I did not accept this last proposition, I would be 
forced into the service and denied the privilege of employing a 



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substitute. Under such circumstances I employed the substitute 
and was discharged from custody. 

I never learned of any other charge or accusation against me than 
this to which I have alluded. No legal process or warrant in the 
matter ever came to my knowledge, nor was any examination or 
trial ever had to my knowledge. The charge against me was with- 
out foundation and false. 

The propositions to which I have i-eferred came to me through 
my friend Joseph E. McDonald, Esq., from Governor O. P. Morton, 
as said McDonald informed me, and as I believe. 

H. REYNOLDS. 



NEWTON M. BO WEN (Rush County) SWORN. 

Examined by Mr. Brown — 

Answer— My name is Newton M. Bowen; aged thirty-four 
years; reside in Ripley township, Rush county, Indiana, and bv 
occupation a farmer. 

I was arrested at my residence on or about the tenth of August 
last, by one George Dilley and twelve others, among whom was 
Charles Allison, two brothers Thomas, George Kinder. Frederick 
Blessmger, Robert Woods, another Allison, and others I do not 
remember. Upon my arrest Dilley said to me that he had heard 
that I was a disunion man, and desired me to go with him to a 
Justice of the Peace and take the oath of allegiance, and we 
started, as I suppose, for the office of Richard Phelps, a Justice of 
the Peace. After we had gone a short distance they said they 
would take me to Knightstown, and directed their course for that 
place. At Knightstown they took me before a Justice of the 
Peace, who declined having any thing to do with the matter, alleg- 
ing that he had no jurisdiction in the case. I was then placed in 
the calaboose for a couple of hours, when I was brought to Indi- 
anapolis by John Bell, David Cole, John Porter, Abraham Weaver, 
Charles Allison, and a man by the name of White. At Indi- 
anapolis I was placed in the custody of D. Garland Rose, United 



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States Marshal, who inquired of Porter and his men for what I 
had been arrested, when Porter answered that he did not exactly 
recollect what I had said; but that some four months previously 
he had heard me say, in substance, that I would stand up for Jeff. 
Davis while I had blood running in my veins, and run down Lin- 
coln's Administration while I had breath in my body. Weaver 
stated that a few days previously he had heard me maliciously 
denounce Lincoln and his Administration. I attempted to correct the 
statement of Weaver, when Marshal Rose ordered me to sit down 
and shut my mouth. After this Weaver whispered the remainder of 
his charges against me to Deputy Marshal Bigelow, who took down 
the statements in writing, and I was not allowed to hear them. I 
asked Colonel Eose if the gentlemen who were making their state- 
ments against me were sworn, and he answered no, that they were 
not, but that it made no difference whether they were sworn or not. 

I was then placed in the Bastile room of the Post Office Build- 
ing, and locked up until evening, when I was placed in another 
room below, where I remained from eight to eleven days in c<)n< 
finement. 

At Knightstown and at Indianapolis, both, I demanded exami- 
nation and trial, but was allowed neither. After the period of con- 
finement mentioned above, Deputy Marshal Bigelow came into 
my room and told me to get ready — that he would take me to Wash- 
ington City to Judge Advocate Turner; and that evening I was 
placed upon the train for that destination. When we had reached 
within about forty miles of Baltimore, I leaped off the cars, while 
the train was in motion, and made my escape. 

Question by Mr. Brown — 

Where did you go after you leaped off the cars, and what did 
you do? 

Answer — I went to Baltimore and worked awhile in a machine 
shop as a turner, and afterward worked in another machine shop, 
making patterns for castings. Subsequently I worked in Merrill's 
gun factory, Merrill being engaged in manufacturing guns for the 
Government. 

Question by Mr. Brown-— 

Has any attempt been made to arrest you since you came home? 

Answer^ — No, sir. 

Question by Mr. Brown — 

Was any sworn charges ever made against you ? 



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Answer— No; not to my knowledge. The only charges were 
those made to Colonel Rose, as I have stated. 

Question by Mr. Brown — 

Did you ever do any thing to discourage enlistments ? 

Answer — I did not. 

Question by Mr. Brown — 

Did you ever do any thing to encourage enlistments ? 
, Answer— I have never attempted to get recruits ; but have ad- 
vised persons to volunteer, and given money to soldiers who had 
volunteered ; and have taken my horse and buggy and conveyed 
soldiers some ten miles to their place of rendezvous. 

Question by Mr. Brown — 

Were the statements that you heard made to Colonel Rose 
against you, true or false ? 



Answer — They were false. 



NEWTON M. BOWEN. 



HOBBS D. BOWEN (Rush County) SWORN. 

Examined by Mr. Ferris — ■ 

Answer— My name is Hobbs D. Bowen; aged sixty-five years; 
by occupation a farmer; reside in Rush county, and have resided 
there some twenty years. My son, Newton M. Bowen, was 
arrested on or about the 14th day of August, at my residence in 
Rush county, by Captain George DiUey, aided by Charles Allison, 
Frederick Blessinger, Lon. Allison, Robert Woods, jr., Washington 
Dongan, and Henry Kinder. These are all whose names I now 
remember, but there were others, as the arresting party consisted 
of fourteen men. The arrest was made about daylight of the day 
I have mentioned. At his arrest, Dilley stated to him that he 
(Dilley) had the authority of his superior officer for arresting him, 
and that they wanted my son Newton to go to Carthage in said 
county, and take the oath. He was then taken to Knightstown; 
from there to the United States Post Office Prison in Indianapolis^ 
and was afterward placed in transit for Washington City. Upon 
his arrest, Dilley said they were arresting him for treasonable con- 
versation. He remained in prison in Indianapolis seven or eight 



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days before he was started for Washington City. Through his 
attorney, Newton made application while at Indianapolis for 
examination and trial, but never succeeded in obtaining either. 

After my son Newton was taken away from Indianapolis, I had 
an interview with Colonel Rose ; and in answer to my inquiry as 
to whither he had conveyed my son. Colonel Rose answered that 
that was a secret, and refused to let me know, though he said he 
had "treated Newton better than Newton had treated him." I 
afterward learned that Newton had escaped from the custody of 
Marshal Rose, who had him in his custody on his way to Wash- 
ington. My son is politically a Democrat. No warrant of arrest 
was either shown or read to my son at the time of his arrest So 
far as I know, he was always loyal to the Constitution and Gov- 
ernment of the United States and to the Constitution of this 
State; nor did he ever discourage enlistments to my knowledge. 

Question by Mr. Morgan — 

Did your son ever have a trial? 

Answer — Not to my knowledge. 

HOBBS G. BO wen; 



CHARLES H. CONSTABLE (Clark County, Illinois,) 

SWORN. 

• Questioned by Mr. HaNxNa — 

Please state your name, age, place of residence, and occupation. 

Answer— Charles H. Constable; age forty-five ; place of residence 
Marshall, Clark county, Illinois. I am at present the Judge of the 
Fourth Judicial Circuit of the State of Illinois. 

Question by Mr. Hanna — 

State whether, within the past few weeks, you have been placed 
under arrest; if so, when; by whom ; under what state of cir- 
cumstances, and all about it. 

Answer-^I was, on the twelfth day of March, A. D. 1863, while 
engaged in holding the March Term of the Circuit Court, in and 
for the county of Clark, and State of Illinois, arrested by Colonel 
Henry Bt Carrington, of the Eighteenth United States Infantry, 



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commanding, , as I was informed, at Indianapolis, in the State t>f 
Indiana. Colonel Carrington represented himself as acting in 
pursuance of an order issued to him by General Wright, com- 
manding the Military Division, designated as being 

and comprising the States of Ohio, Indiana, &c. I was arrested 
about the hour of eleven o'clock, A. M., just as I stepped down 
from the judge's seat, in the court house, at Marshall, Clark 
county, Illinois, immediately after ordering a recess of the court 
for dinner. The circumstances under which I was arrested I under- 
stand to be as follows : — On Sunday morning, being the eighth day 
of March, I received a note, at my house, from Robert L. Du- 
laney, Esq., an attorney, requesting my presence at the court house,, 
and stating that some arrests had been made in the county, and 
it was desired to test the legality of them before me ; these, in 
substance, were the contents of the note. I immediately com- 
plied with Mr. Dulaney's request, and, on reaching the court house, 
learned that my presence was expected at the office of Silas 
Whitehead, Esq., Police Justice of the Peace of the town of 
Marshall. I went to Esquire Whitehead's office, where Mr. 
Dulaney came to me, and stating that it had been proposed to sue 
out a writ of habeas corpus from before me, but that the men 
(I did not then understand fully who) had been arrested on war- 
rant sued out from before Esquire Whitehead, and that, if I would 
consent to let the return be made before me as Judge of the 
Circuit Court, and would hear the case as an examining court 
upon such return, it would save trouble and time necessary to get 
out a writ of habeas corpus. I consented, as Mr. Dulaney was 
the counsel for the prisoners and seemed anxious that I should, 
and stated that as soon as the witnesses could be subpenaed, and 
the defendants were ready, I would go to the court house and 
proceed in the trial. Shortly afterward, on being informed that the 
parties were all ready, I took my seat as judge in said cause, when 
Andrew J. Smith, Esq., sheriff of the county of Clark, in the State 
of Illinois, made return of a capias^ purporting to be issued by 
Silas Whitehead, Esq., Police Magistrate, as I have stated, on the 
complaint of Elizabeth Gannon, and charging, as I recollect, that 
John McFarland had been guilty of kidnapping one James Gan- 
non, and commanding his arrest on such charge or complaint. 
The capias was returned as executed, by arresting and bringing 
into court the said John McFarland. Said sheriff also filed an 
affidavit, showing the arrest by him, on view of one Thonlas Long 



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on the same charge of kidnapping, he having found him acting 
with and aiding and abetting said John McFarland. The people 
of the State of Illinois were represented on said trial by James 
R. Cunningham, Esq., States' Attorney for the Fourth Judicial 
Circuit of the State of Illinois, comprising the county of Clark. 
And the said John McFarland and Thomas Long were in court, 
and assisted by Robert L. Dulaney, Esq., in making their defence. 
The parties, on the part of each, expressed their readiness to,pro- 
ceed with the examination, whereupon James Gannon, Elizabeth 
Gannon, Hugh Scott, John B. King, and perhaps other witnesses, 
were sworn and examined on the part of the prosecution. It was 
proven on the part of the people, &c., that John McFarland and 
Thomas Long, the prisoners, had on the evening of the seventh of 
March, 1863, arrested, at the town of Livingston, in Clark county, 
Illinois, James Gannon, saying to him that they intended to take' 
him to Terre Haute, Indiana, and that thence they would tak^ 
him to Indianapolis in said State— that they claimed that he was 
a deserter from the army of the United States, and that they were 
authorized to arrest him as such deserter, and take him to head- 
quarters, which they stated were at Indianapolis, Indiana. It was 
further proven that said Gannon had enlisted some time in the 
fall of 1862, in the One Hundred and Thirtieth Regiment of Illinois 
Volunteers, that he belonged to Company K of said Regiment, 
commanded by Captain Jacob W. Wilkin. That in January, 
1863, the regiment was quartered at or near Memphis, Tennessee. 
That Gannon, and four others of said regiment, being in ill health 
had gone out into the city of Memphis on the ninth day of January,' 
and when in the outskirts of the city, about three-quarters of a 
mile from camp, but within the pickets of the army, they were 
set upon by a force of about fifty men, part of Colonel Richard- 
son's command in the army of the so-called Confederate States of 
America, and captured ; that their arms and most of their clothing 
were taken from them, and they were taken about eighteen miles 
from Memphis to what was represented as being the headquarters 
of Colonel Richardson ; that on the tenth of January they were 
paroled by Colonel Richardson, and Gannon's parole was produced 
and submitted in evidence, it being stated that the others captured 
with him had a like parole. That they were then sent under guard 
to Jeff. Thompson's command in Arkansas or Missouri, crossing 
the river below Memphis at Coles' Point. That by JejfF. Thompson 
they were sent under guard up the river, and were crossed OTer 
C. A. A.— 8 

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114 

from Missouri to Illinois, about sixteen or eighteen miles above 
Cairo ; that they then went to the railroad and passed over it to 
Olney, Illinois, whence they had made their way on foot to their 
homes ; that Gannon's home was near Livingston, Clark county, 
Illinois. That he was sick when he got home — and had been sick 
ever since ; that he had not reported his capture and parole to any 
camp or station of the army. This I recollect as the substance of 
the proof relied upon and made on the part of the prosecution. 

On the part of the defense, and as furnishing authority to the 
prisoners for their conduct in arresting Gannon, were produced 
what purported to be the copies of three military orders, made at 
the headquarters of the military, at Indianapolis, Indiana. The 
first, as I recollect, was made by Captain Farquhar, commanding 
at Indianapolis, authorizing Captain Lindsey, of the Fourteenth 
Regiment Indiana Volunteers, to proceed to the town of Terre 
Haute, and to seize all property belonging to the United States, 
and to arrest all deserters from regiments belonging to the army of 
the United States. On the back of this ord^, written in a misera- 
ble hand, and for what purpose did not appear, was the name of 
Captain Lindsey and his regiment, &c. The second was an order 
issued by the Governor of the State of Indiana, as I think, and signed 
by Laz. Noble, Adjutant- General of the State of Indiana, dated 
at Indianapolis, detailing John McFarland, a sergeant in some 
Indiana regiment, to proceed to Terre Haute, in the county of 
Vigo, and State of Indiana, and to arrest all deserters which he 
should find in said county of Vigo, and the surrounding counties 
of the State of Indiana, and directing him report, with persons 
arrested, to Colonel Simonson, at Indianapolis. The third was a 
similar order, except in not being by order of the Governor, detail- 
ing Thomas Long to proceed to Terre Haute, in the county of 
Vigo, and to arrest all deserters which he might find in said county 
of Vigo, or any of the surrounding counties in the State of Indiana, 
and to report with them to the officer commanding at Indianapolis. 
This was signed by Laz. Noble, Adjutant- General of the State 
of. Indiana, as I remember. These orders are all described from 
memory, and are substantially set out, as I believe. The defense 
also introduced some printed orders, purporting to be orders pub- 
lished by the War Department at Washington, treating of deser- 
tion and deserters, and some railroad passes issued to said McFar- 
land and Long. 



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This was substantially all the evidence adduced before me, both 
on the part of the people, &c., or prisoners. 

It was insisted by the States' Attorney that the evidence brought 
the case within the provision of section 56, of chapter 5, of the 
Statutes of the State of Illinois, entitled Criminal £aw, which is 
m the words and figures following: 

« Every person who shaU forcibly steal, take, or arrest anv man 
woman, or child, whether white, black, ^r co oredX hiXte' 
and carry him or her into another country, State,'or ter Story «; 

with ?1 rto^, 'f\?' ^"f ""^ P*^"°" ^^ P--- whatsoI;er 
r+llr r 1^ ? ^'"' ^™ °'' ^^"^ °"* «f the State, without having 
established a claim according to the laws of the United sS es^ 
shall, upon conviction, be deemed guilty of kidnapping EverJ 

feX^vrfr"*^"''i'r^PPl"^'^'^^""''^ confineSTn^he pS 
tentiar> for a term of not less than one year, and not more than 

nJppeir'"' """'' P'"°" ''^"^PP^'^ ^^ attempted tTbe kfd" 

The defense claimed that the evidence showed that the prisoners, 
under the law in such cases governing,' had authority to arrest de- 
serters wherever found, and that the arrest of Gannon, in Clark 
county Illinois, by them was legal, and that they should be dis- 

whTl b , ';/"k^ '^"""'"'"^^ ^^« '"^«-' I' - discharge of 

what I believed to be my duty, held the prisoners to answer further 

o said charge before the Clark Circuit Court, on Thursday, the 

Term, A. D. 1863, of said Circuit Court. The prisoners entered 
into a recognizance, and were discharged for the time, &c 

Regardmg that my opinion and adjudication in the premises, 
had vacated any arrest that had been made by the prisoners on 
being informed that three other men were held under the same 
asserted authority as Gannon, after my decision made, I advised 
that hey had better be discharged by their guard, whoever they 
might be, and, as I am informed, they were so released from cus- 
tody. 

On Monday, being the seventh judicial day of the term, I made 
an order of court dhrecting the Sheriff of Clark county to summon 

da V of r' f *?^°''' °" '^'""''^y ™°™'"g' *h^ *-* judicial 

day of the term, a Grand Jury to inquire into the facts alleged 
against McFarland and Long. This order was executed byfhe 
sheriff by summoning and returning, as a special Grand Jury in 
and for the body of Clark county, &c., twenty-three men. The 



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return was made on the tenth day of the term, as directed, and, by 
my order, the jury were, on the opening of the court, at nine o'clock, 
A. M., sworn and charged, and were out considering of their pre- 
sentment, when I was arrested. The arrest, of course, stopped aU 
action on my part. I had no right to call in the jury and discharge 
them, nor could I adjourn the court sine die, they being still m con- 
sultation, and the term legally not expiring until twelve o'clock on 
the night of the following Saturday. 

The circumstances of my arrest not before stated are, that a 
military force of from one hundred and eighty to two hundred 
men or more, under command of Colonel Carrington, were, "with 
aU the pride and circumstance of war," marched into Marshall, 
where I was holding court, as I have stated, and appeared around 
the public square, several of the officers coming into the court 
room and remaining during the morning session. I think Colonel 
Carrington and some of his officers were present when the Grand 
Jury were sworn and charged. The soldiers were not marched 
into town untU afterward, as I recoUect, say some minutes before 
ten o'clock. There was no Violence, except in the presence of 
armed troops, evidently brought there for the purpose of overawing 
the citizens of Illinois, proroguing the court, preventing its action 
in the case of McFarland and Long, and arresting me, the judge 
of such court, and carrying me out of my own State, into one to 
which I owed no allegiance, and to whose jurisdiction I was in no 
manner amenable. 

The object was attained. I was brought, under and by virtue 
of my arrest, to Indianapolis, in the State of Indiana, where I am 
still held in durance at this date. I have been casually informed 
that I am to answer to the charge of harboring and protecting 
deserters, or some thing of that nature, but when or how I am to 
be disposed of has not yet been made apparent to me. I was con- 
fined in my room at the Bates House, and to the house until 
Thursday morning, the 19th of March, wheii, through the kindness 
and courtesy of (now) General Carrington, which has been uniform 
and uninterrupted from the time of my arrest, I was paroled within 
the limits of the city of Indianapolis, under which parol I am now 

^^^^' CHARLES H. CONSTABLE. 



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117 

ROBERT S. SPROULE (Rush County) SWORN. ' 

Examined by Mr. Hanna — 

Answer— My name is Robert S. Sproule ; am editor and pub- 
lisher of the Rushville Jacksonian; and reside at Rushville, Rush 
county, Indiana. On or about the tenth day of September last, 
Lewis B. Offutt, a resident of the State of Kentucky, and at that 
time sojourning as a guest and visitor with his brother, Sabert S. 
OfFutt, an old and respected citizen of Rush county, was arrested, 
as I am informed and believe, at the Fair Grounds in said county 
of Rush, by one H. B. Frisbie, who, as I learn, was formerly a 
telegraph operator in Kentucky; and, on the next day, Michael M. 
Cassidy was similarly arrested at the residence of his brother in 
said county of Rush. Said Michael M. Cassidy had formerly been 
a resident of Rushville, practiced law there for several years, and 
was also an acting Justice of the Peace — a gentleman of irre- 
proachable character. At the time of his arrest, he was sojourning 
with his brother as a visitor, though his home was in the State of 
Kentucky. 

. As attorney for Lewis B. OfFutt, I had an interview with said 
Frisbie, at which Frisbie exhibited an order from Major General 
Lewis Wallace, and so sighed by him, the said Wallace, who was 
then an command at the city of Cincinnati, assuming to authorize 
him, the said Frisbie, to arrest all persons ^'suspected of disloyal 
practices." This order from General Wallace was dated on the 
eighth day of September, and subsequent to, and in violation of, 
the following order of the War Department: 

" War Department, Washington, 
*• September 7, 1862. 

Instructions to United States Marshals, Military Commandants, 
Provost Marshals, Police Officers, Sheriffs, Sfc. 

The quota of volunteers, and enrollment of militia, having been 
completed in the several States, the necessity for stringent enforce- 
ment of the orders of the War Department, in respect to volun- 
teering and drafting, no longer exists. Arrests for violation of 
these orders, and for disloyal practices, will hereafter be made only 
upon my express warrant, or by the direction of the Military Com- 
mander or Governor of the State in which such arrests may be 
made, and restrictions imposed by those orders are rescinded. 

L. C. TURNER, 

Judge Advocate.^^ 



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118 

Frisbie claimed to be a Captain in the United States Army, and 
was accompanied by one Henry Nesbett, who was, or pretended to 
be, a Deputy United States Marshal of the District of Kentucky. 

For the release of Offutt I procured the issue of a writ of habeas 
corpus^ which, after service, was withdrawn in order to avoid its 
resistance by force threatened by Frisbie. Hearing of the arrest of 
Mr. Cassidy, I called to see him where he was guarded by one 
Alonzo Swain, but was refused permission to talk to him by said 
Swain, who alleged that he had orders to that effect from Frisbie. 

Cassidy and Offutt were both conveyed away from Rushville 
under guard, and, as I subsequently understood, were taken to Cin- 
cinnati. As attorney for Offutt, I demanded the charges against 
him, and was answered by Nesbett that he would swear he was 
disloyal, but alleged no act of disloyalty. 

I saw and conversed with both Cassidy and Offutt, after their 
release from imprisonment. From both I learned that during their 
confinement the atempt was made by the satraps of the Adminis- 
tration to procure testimony against them, but failing in this they 
were finally released without examination and without trial, never 
having known or heard of any just cause for their arrest and 
imprisonment. 

ROBERT S. SPROULE. 



JOHN R. MITCHELL (Rush County) SWORN. 

Examined by Mr. Brown — 

Answer — My name is John R. Mitchell; reside at Rushville, 
Indiana ; am a Justice of the Peace and an attorney. 

On or about the eleventh day of September, 1862, one H. G. 
Frisbie came to me and handed me a written instrument in these 
words, as near as I can recollect : 



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119 

"RusHviLLE, September 11, 1862. 
« Mr. John R. Mitchell, 

''Provost Marshal, Rush Covnty: 

" You are commanded to arrest Michael M. Cassidy and deliver 
him forthwith to me at Rushville. 
" By order of 

"LEW. WALLACE, 

''Major- General, 
"IL D. FRISBIE, 

" Deputy, ^^ 

And requested me to make the arrest of said Cassidy. Upon 
this order I proceeded to the place where he was then sojom-ning 
and made the arrest, delivering said Cassidy over to said Frisbie, 
who took said Cassidy and another prisoner named Offutt, away 
in a carriage in the direction of Greensburg. I furnished a con- 
veyance for the same upon the following order: 

" Greensburg, Ind., 11, 1862. 
"John R. Mitchell, 

"Provost Marshal: 

" Will provide or procure transportation to carry two prisoners 
and four guards from Rushville to Greensburg. 
"By order of 

"LEW. WALLACE, 

" Major-General 
"H. D. FRISBIE, 

" Deputy P 

Captain Benjamin F. Denning accompanied me to make the 
arrest of Mr. Cassidy. The above orders composed all the author- 
ity I had or know of for making the arrest. I did not regard this 
order as legal authority for such an arrest. I do not know what it 
requires to constitute military authority for such an arrest. 

/Frisbie had with him an order purporting to be that of General 
Lew. Wallace, under which he claimed to be acting. I saw the 
paper, which, according to my impression, now authorized him to 
arrrest all disloyal persons, or persons suspected of disloyalty, and 
signed with the name of Lew. Wallace. 

Mr. Cassidy, since several years previously, had resided at 
Rushville, there practiced law and was also a Justice of the Peace. 
During this time his character, so far as I know, or ever heard, was 
that of a good citizen, and a moral, upright gentleman. 

Question by Mr. Brown — 



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120 

You are a lawyer and a Justice of the Peace, and of course 
know what constitutes cause for arrest. Now did you as a lawyer 
and a sworn conservator of law, at the time of making this arrest, 
feel yourself justified in doing the same in view of your sworn 
obligations as a lawyer and a Justice of the Peace ? 

Answer- — I do not believe it was good cause for arrest under our 
statute ; but what constitutes a good cause of arrest by military 
authority I do not know. 

Question by Mr. Brown — 

Was not General Wallace, at the date of this arrest, in com- 
mand at the city of Cincinnati, and did you not know that he had 
no jurisdiction, in any respect or for any purpose, over the soil of 
Indiana ? 

Answer — I believe Wallace was in command at Cincinnati at 
the time. I know nothing of the extent of his jurisdiction. 

Question by Mr. Brown — 

Did you not know that there was no such office or officer as 
Deputy Major General? 

Answer — I never thought any thing about it at the time of the 
arrest. My understanding now is that there is no such office or 
officer. 

Question by Mr. Brown — 

Then you admit that in making the arrest you did so without 
legal or military authority, and that the " order," so termed, was a 
sham, and you had no right whatever to make said arrest? 

Answer — My impression now is that the arrest was unauthorized, 
though I did not think so at the time, and I acted in good faith. 

Question by Mr. Brown — 

What is your politics ? 

Answer — I have been a Republican. 

JOHN R. MITCHELL. 



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MINORITY REPORT 



OF THE 



COMMITTEE 



ON 



ARBITRARY ARRESTS. 



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MINORITY REPORT. 



The Minority of the Committee on Arbitrary Arrests beg leave 
to make the following report, accompanied with the evidence and 
Majority Report of said Committee, together with the resolutions 
of this House on that subject, passed by a strict party vote. 

We respectfully dissent from the Majority Report of said Com- 
mittee, nor can we agree with them in admitting, for one moment, 
that the arrests complained of in this State were arbitrary, unjust, 
and illegal, or that they were subversive of the Constitution of the 
United States or of this State, or dangerous to the liberties of the 
people; but, upon the contrary, they were strictly made for the 
protection of the Government — to sustain the rights and privileges 
of the true and loyal citizens of the nation, and to aid those in 
authority in crushing out the rebellion and restoring the Union. 

As a matter of history, it is well known to the American people 
that President Lincoln, in the strict line of his constitutional duty, 
some time last fall published an order in relation to those disloyal 
practices which were calculated to weaken the arm of the Govern- 
ment and give aid and comfort to the enemy. 

Every reading and thinking man well knows the condition of 
the country at the time that order was published. Our enemies 
(the rebels) outnumbered us in the field; our army for the restora- 
tion of the Union had been greatly thinned by disease and death. 
We had been virtually repulsed in the ^ seven days' fight before 
Richmond; we had met with disaster in Kentucky and at other 
points, and General Buell was after General Bragg's rebel army. 
The free States were threatened by the invading rebel foe — every 
thing looked dark and gloomy; for a time the people were in awful 
suspense as to the fate of the nation and the safety of the heroic 
band of Union soldiers, who were battling against disease and the 
armed rebels of the country. 



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124 

At this time a quick and bold move had to be made by the Com- 
mander-in-Chief of the nation, or all would be lost, and that soon 
— the soldiers in the field would perish with the overthrow of the 
Government. President Lincoln, with an honest purpose to fulfill 
his duty, and his whole constitutional duty to the country under 
his solemn oath of office, as President of the United States, came 
at once to the rescue by calling out three hundred thousand addi- 
tional troops; and hearing the low mutterings of treason and of 
treasonable acts and conduct by those who were disloyal to their 
Government in many of the loyal States North, he sent forth his 
order, alluded to, to hush for ever, if possible, that treason which 
was fast'sapping the very vitals and life's blood of the nation. 

The President did nothing but his duty under the Constitution. 
Had he acted differently, he would have been recreant to his high 
trusts; and had he failed to adopt proper measures for the saving 
of the soldiers then in the field, and had they perished by his 
neglect and the Union lost, mankind would have pronounced him 
even worse than a Buchanan — a fit associate of the traitors 
Arnold, Burr and Jeff. Davis. He did his duty, and loyal men had 
nothing to fear, as his orders making the arrests and the suspending 
of the writ of habeas corpus were not intended for them. The 
loyal are just a^ safe as they ever were in times of the most pro- 
found peace, having a clear conscience, sleep soundly, being at no 
time in danger unless at the hands of the enemies of the country. 
Had all in the free States been of this class, and had loyalty been 
universal over the land, no such orders would have been necessary. 
But these orders and proclamations of the President are terrible 
things to traitors, and those who speak and sympathize with them. 
The God of Heaven and the Constitution of the United States 
never gave any citizen the right to say, do, and speak whatever he 
pleased, without reference to whether it was right or wrong. That 
Constitution protects the right and punishes the wrong. A man 
may say all he pleases of his neighbor or his Government, provided 
he pleases to. This is^the light in which the immortal Jackson 
and the great Democratic party of the country viewed ,this subject 
in years past. 

General Jackson, being a Major General, subordinate to the 
President of the United States, after he fought Ws great battle at 
New Orleans, made some arbitrary arrests of Louisiana legislators, 
and among the rest a certain Judge Hall, of the United States 
Court, some for publications used toward himself as commander, 



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125 

and against Judge Hall for issuing a writ of habeas corpus for the 
release of a certain legislator, whom General Jackson had ordered 
to be arrested under military law; whereupon General Jackson 
ordered immediately the arrest of Judge Hall for his judicial act, 
in issuing the writ of habeas corpus^ and he was accordingly 
arrested. Soon peace was declared with Great Britain, and Judge 
Hall was released by order of General Jackson, and afterward the 
Judge had the General brought before his Court to answer for his 
conduct in the matter; was fined by the court one thousand dollars, 
and in after years every Democrat in Congress voted to refund to 
General Jackson the said fine, which was done. 

Stephen A. Douglas, the great champion of Democracy in his 
day, advocated the passage' of the law refunding to General Jack- 
son, and alleging that Judge Hall did wrong in fining General 
Jackson at all; and that the aiTest of the Judge by General 
Jackson was right, and the Democratic votes in Congress indorsed 
the sentiments of Stephen A. Douglas. 

Thus was set the great example of suspending the wTit of habeas 
corpus^ and of making arbitrary arrests, and proclaiming martial 
law in time of war. 

And this example was set by the great apostle of Democracy of 
his day, and was so approved by his party. Posterity will bless 
and honor the acts of that great patriot, soldier, and statesman. 
So will posterity and mankind throughout the civilized world, who 
love free government and our noble union of States, honor and 
bless the name of " honest Old Abe " Lincoln for treading 
in the footsteps of the hero of New Orleans. 

If any cause of complaint may exist, w^e venture to say that the 
future historian of America, and the readers of the acts of this 
great rebellion in after times, will wonder with shame and aston- 
ishment why it was that this Administration did not, with a more 
swift vengeance, punish the outlaw and traitor in whatever part of 
the United States he was found. 

From the evidence before the country, we of this time should 
have no complaint to enter against the President and those execut- 
ing the laws under him, unless for the mercy exercised by him and 
his supporters against the rebels and traitors of the land. 

As to the constitutional power of the President to suspend the 
writ of habeas corpus^ and of making arrests of disloyal persons in 
time of war, invasion, or rebellion, there can ,be no doubt. His 
war power under that instrument makes him the Commander-in- 



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Chief of the Army and Navy of the United States, and that same 
Constitution requires that he shall see that the laws of the land 
are faithfully executed, and that in cases of invasion and insurrec- 
tion the privilege of the writ of hahms corpus may be suspended. 
Some say that Congress ought to pass a law on that subject: 
l^irst, to give the President power to do these things before he can 
act, and, as a reason, they say the President might act tyrannically 
If this was not the case. This amounts to no argument what- 
ever, for the reason that the President, if corrupt, could be as 
tyrannical one way as well as the other. 

On that subject the people must, as they always have trusted, 
continue to trust to the honesty^ of the President. If in such 
cases the President abuses his constitutional trusts there are but 
two ways to remedy the evil; one by impeachment and the other 
at the ballot-box. 

Again, in the interim of Congress, the members all being at 
home, from three to five thousand miles apart, some in the Eastern 
States, some in the Pacific States, and scattered all over the land. • 
Suddenly the country is invaded, or an insurrection or rebellion 
breaks out, so great and so cunningly arranged that the insurgents 
or rebels are able to capture a majority of the members of Con- 
gress, what is the President to do ? Shall he let the Government 
go overboard by default? No, sir! He must execute the laws 
under the Constitution, and in doing so he has the right and 
power to arrest, imprison, chain or hang every traitor in the land. 
And this awful penalty should be meted out to all those who give 
aid and comfort to the same. And to save the Constitution un- 
impaired, he might, if white agents gave out, employ black- 
agents to kill white traitors. 

Right here we may notice another class of constitutional ob- 
jectors, who declare that in all cases, whether in peace or in war, 
the military power of the nation must be in subjection to the 
civil authority. 

In time of war the civil authority must only be in subjection to 
the military whenever public safety demands it. 

If this was not so, under the Constitution, then there could 
never be a battle fought against rebels, for the Constitution ex- 
pressly declares, that no person shall be deprived of life, liberty, or 
property, without due process of law. 

That is, no man shall lose his life, under the Constitution, until 
a court of competent jurisdiction has heard his or her cause, and 



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127 

found the accused guilty of a crime against the United States 
worthy of death, and thereupon the court pronounces sentence of 
death, and the person is executed accordingly. And this same 
process must be gone through with, in regard to libel'ty and 
property: that is, life, liberty, and property, must be taken away 
by judicial judgment and decree. 

Now this is all right, and applies to times oi peace ; but has 
nothing at all to do with the rights of war under the Constitution. 
Apply this kind of interpretation to about thirty thousand armed 
rebels, with guns in their hands, and you will find that judgments 
of courts are not for their case. The Union army comes in sight 
of them, and is about to begin to shoot, when some guardian of 
human liberty, with his hat fullt)f writs of habeas corpuses, comes 
up, and this walking commentary of the Constitution cries, with 
a loud voice, " stop !" 

" Here's work of another kind. In our peculiar form of govern- 
ment, the military must always be in subjection to the civil au- 
thority; therefore, call a jury to try these thirty thousand fellows, 
before you take their life; for that is the only way to get a man's 
life from him, under our Millennium Constitution." 

Thus speak all that class of men who have not been blessed 
with a sight of that part of the Constitution known as the military 
part. But some wag, at this point, while the jury is being made 
up, urges another objection, viz: that a man can not be trietl, ac- 
cording to the Constitution, for a crime, where his life is at stake, 
unless he is personally present, and the difficulty that presents itself 
to the court and jury is, that these thirty thousand fellows won't 
consent to be arrested^ for fear the writ of habeas corpus will not 
release them. 

Now what is to be done in a case like the one just put ? * Why, 
do just what common sense and the Constitution says do, exercise 
the military power; hurl the army of the country down upon the 
rebels, and kill every one of them, if they do not surrender. 

All such as would, in times of war, make the civil authority su- 
preme and above the military power, were begotten and brought 
forth by either ignorance or treason. 

And all that class of persons who are constantly talking of the 
habeas corpus, and are very much alarmed for fear its great liberty 
features will be violated— ^they need more patriotism— for they are 
not such friends to human liberty as to trust that great boon to 
their keeping. 



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128 

The Constitution of the United States is plain on the question 
of the writ of habeas corpus. Just such times as are now in the 
land, are the exact kind of times when the privileges of that great 
writ and charter of liberty ought to be suspended. Listen to what 
it says: '^ The privilege of the writ oi habeas corpus shall not be 
suspended unless when, in cases of rebellion or insurrection, the 
public safety map require it.^^ That is the ring of the true metal. 
The President suspended its privileges when the public safety de- 
manded it, and for it the nation and posterity will thank him. 

After the resolutions, passed at the present Legislature, creating 
this Committee of Arbitrary Arrests, with the powers granted to 
said Committee, with the evidence accompanying the same, shall 
have been read and studied by theitthou sands whose minds it was 
intended to prejudice against the legally constituted officials of the 
nation, another grave constitutional question will arise, hard, indeed, 
to be explained by the partisan leaders who have set themselves up 
against the policy adopted by this Administration for the overthrow 
and suppression of the rebellion, which is this : " Can a State Leg- 
islature create any power, by the appointment of a Committee, or 
otherwise, to try the acts and official doings of the President of the 
United States, the Secretary of War, or the United States Mar- 
shal, acting under their authority ?" We answer, no. If this be 
the correct answer, of which we have no doubt, then this Com- 
njiittes derived no such power to act in the premises, and their pro- 
ceedings are nugatory, costing the State a few thousand dollars for 
the purpose of creating, if possible, a little political capital against 
the Government, and those who are its best friends. 

The impartial, loyal reader of this and after times, will be fully 
able, after reading the evidence taken before this Committee, 
whether Mr. Lincoln had abused the high trusts committed to him, 
and was thereby attempting to promote himself to the position of 
a Dictator, by destroying the safeguards of human liberty under 
the Constitution, or was only honestly and faithfully attempting to 
sustain the Government in its great struggle with the hundreds of 
thousands of armed and wicked rebels, and preserve, if possible, 
the noble and worthy Union Army, That the latter is true of the 
President, no man can doubt. That some errors may have been 
committed in this great strife for national existence, on the part of 
those in power, no one will deny, "for to err is human." The 
greatest and best men in all ages of the world have had their imper- 
fections, yet at the same time their motives were pure and honest 



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129 

So with the President, so with Governor Morton, so with all purf- 
minded patriots and statesmen, in this strife for liberty and free 
government. A careful review of the evidence adduced before the 
Committee, shows that scarcely one was arrested and imprisoned 
for a short time, but had been engaged in saying or doing some 
thing calculated to give aid and comfort to the enemy ; such as 
discouraging enlistments of soldiers, resisting the draft in Blackford 
and Fountain counties, giving countenance to the destruction of 
the draft-box in Blackford county, where shouts from traitor lips 
went up for ''Jeff. Davis" and the Southern Confederacy. And in 
other cases the evidence of men taken at the jail in the city of 
Indianapolis, against whom indictments were pending at the time 
for treason. 

In nearly all the cases where arrests were made, the affidavit of 
one or more credible, competent, and loyal witnesses were taken 
and filed against the accused, charging them with disloyalty to 
the Government; and where there was no affidavit filed, arrests 
were made by subordinate military officers for the sole good of the 
cause of the country, not to destroy the last vestige of human 
liberty, but to preserve the nation. 

And here, we may be permitted to say, had the old Democratic 
doctrine of General Jackson been followed out, which his friends 
have heretofore sustained, many more arrests .would have been 
made than were made, and more hemp would have been used than 
was used ; which no doubt would have produced better results for 
the good of the country than were produced. A studied and 
searching attempt has been made by the political opponents and 
enemies of Governor Morton, to detract from his great and well- 
earned fame in his untiring devotion to the cause of his country 
and the noble State over which he is Governor ; but in that his 
enemies have signally failed; their attempts and efforts in this 
unholy line of corrupt policy, will stink in the nostrils of every 
true patriot in the land, while his fame for patriotism and love of 
country will stand unrivaled in the minds and affections of the 
lovers of liberty and humanity throughout all the civilized free 
governments. 

Would-be leaders of a once great party assume that name 
("Democracy") in this rebellion, who have no more right to it, 
from their conduct toward the Government, than a wolf has to 
wear the fleece of a sheep. They struggle hard to make the people 
believe that they are the only ones left now in the land to advocate 
C. A. A.— 9 



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130 

free speech and free government, and many have been deceived 
into their meshes; they have labored so incessantly against the 
policy of the present Administration, that many have landed in 
the enemy's camp, and many more are on the road, standing in a 
stone's throw of the enemy's lines. And this opposition has be- 
come so fearful and dangerous, that the ignorant and prejudiced, in 
many places, have sought homes in hellish secret leagues, that they 
might more effectually concoct and perfect, under traitor leaders, 
their infernal schemes of treason and rebellion for the overthrow of 
the Government; which resistance to the laws and Constitution of 
the land, if persevered in by them, must bring devastation, war, 
blood-shed, total anarchy, and ruin all over this once happy and 
prosperous country. For what? Siniply to gratify a few political 
leaders, who are gasping and grasping for place and power, which 
they never can attain, but must go down to posterity, disgraced 
and dishonored by all the true and loyal of the country. 

To all such unprincipled, ambitious leaders, the advice might be 
given, at once change your deadly policy; correct your false teach- 
ings to the people ; help at once to extinguish the flames of seces- 
sion and rebellion, and you may yet have some hope left in the 
great future, if the Government is sustained, for honor, place, and 
power. 

That the right, in this great struggle for free government and 
free institutions, will triumph, and the Union be perpetuated and 
maintained, under the benign smiles of an overruling Providence, 
we have no doubts or fears. 

Our political faith looks to a bright future, when the Union 
Army and Navy shall have triumphed over every opposing foe, 
whether he be despot or traitor ; and the facts will be fully estab- 
lished, that man is capable of self-government, and that, with the 
increase of intelligence and love of liberty infused into the Ameri- 
can mind, no power will be ever able to cope with our country in 
art, science, civilization, or war; and that in the galaxy of 
American States, Indiana will shine forth in the foremost ranks of 
them all, for the valor of her soldiers, the patriotism of her people, 
and the efficiency of her noble Governor. 

BENJAMIN R GREGORY, 
JAMES M. GREGG, 
CHARLES D. MORGAN, 
TIMOTHY BAKER. 



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EVIDENCE. 



ABRAHAM B. JETMORE (Blackford County) SWORN. 

Examined by Mr, Gregory — 

Answer— My name is Abraham B. Jetmore ; aged twenty-four 
years ; residence Hartford City, Blackford county ; I am an attor- 
ney at law ; I have been and am yet a life-long Democrat, when 
political questions should be agitated; voteA for Douglas for Presi- 
dent. 

On or about the second day of October last, at a Union and 
War Meeting combined, at a school house in Nottingham town- 
ship, Wells county, at which one John Phipps went with me for 
the purpose of raising recruits. After I had delivered my discourse, 
or the principal portion of it, Dr. Theodore Horton rose and said 
he wishod to speak. I had asked before or after, and perhaps both 
before and after, the said Phipps (who was recruiting officer for 
the Thirty-Second Indiana Regiment,) to come forth and ask for 
volunteers, and he did so. Whereupon Mr. Horton came forth and 
began his discourse, and used, as near as I can recolkct, the follow- 
ing language: "I always knew this (meaning the present) war 
was an Abolition war. The late proclamation of the President has 
capped the Abolition climax. You have been called upon to-night 
to volunteer; but has any of you volunteered? No, not one. You 
will not volunteer under such a policy." I do not think said Mr. 
Horton answered over one or two points made in my discourse, he 
having came at a late hour. I think that he principally heard me 
in my exhortation for volunteers.^ I have never had any personal 
difficulty with Dr. Horton; on tLe contrary, I voted for him in 
1860. I can not particularize any other language he used deroga- 
tory to the interests of the Government, but I know he used other. 
The greater portion of what he said in his said discourse, if believed, 
would have a tendency to alienate the people from the Govern- 
ment, 



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Question by Mr. Gregory — 

State whether you was present at Hartford City, in Blackford 
county, the day the draft was attempted to be made; and, if so, 
state all you know about it ? 

Answer — I was in Hartford City that day. In the forenoon of 
said day, when the citizens began to gather in, there appeared to 
be an excitement among some of them, and had a tendency to 
increase, and, in the afternoon, from where I stood across the street, 
I saw there was considerable indications of a mob; a good many 
of them having their coats off and sleeves rolled up. When the 
officers went across to the court house, there was a general rush 
made after them. After a while, I heard a considerable noise in 
the court house, stamping and hallooing. Immediately there was 
a rush made out of doors. Whereupon I was informed the draft- 
box was mashed. 

The persons I saw appearing to be taking sides with the mob 
were these: One Henry Snider came up before the box was 
reported to be mashed, and before the rush was made into the 
house, and took off his coat and laid it in the window, and rolled 
up his sleeves and rushed in with the rest. I saw Jess. Williams 
also, with his sleeves rolled up, brandishing his fists ; and also John 
Vanhorn had his coat off and sleeves rolled up ; also Leander 
Tarr ; also John Daugherty, I think, and several others whom I 
can not enumerate. After the rush was made out of the court 
house, I saw John Vanhorn with a paper in his hand tearing it in 
shrivers, throwing it to the earth and stamping it. There appeared 
to be j5.fteen or twenty taking sides. From the action of the mob 
there appeared to be concert among them. 

Question by Mr. Given — 

State if you voted for the Democratic State Ticket at the last 
election ? 

Answer — I did not vote the ticket nominated at the 8th of 
January Convention. 

Question by Mr. Given — 

State if you voted the Republican State Ticket nominated on 
the ISthof June, 1862? 

Answer — I do not know of any Republican ticket being nomi- 
nated that day ; but I know of a Union ticket being nominated 
that day. 

Question by Mr. Given — 



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State who were the nominees of this "Union" Convention of 
which you speak ? 

Answer— I do not recollect all their names; but they are 
designated as " Union " men, composed of part Democrats and 
part Republicans. 

Question by Mr. Given — 

Did you vote for Shanks, Republican, or McDonell, Democratic 
candidate for Congress in your Congressional District, at the last 
election ? 

Answer— I voted for Shanks " Union " candidate. 

Question by Mr. Given — 

Was not Shanks, in 1860, elected to Congress, and, if so, by 
what party ? 

Answer— By the then Republican party. 

Question by Mr. Given — 

State if you were a candidate at the late election, and if so, for 
what office, and nominated by what party? 

Answer— I was a candidate for Representative from Blackford 
and Wells counties; was placed upon the track by the "Union" 
citizens of said counties. 

Question by Mr. Given — 

Were you nominated by the Democratic party of Blackford and 
Wells counties ? 

Answer — I was not the nominee of the so-called Democratic 
party. 

Question by Mr. Given — 

What do you mean by "the Government?" 

Answer— I understand the Legislative, the Executive, and Ju- 
dicial, combined, together with the people. 

Question by Mr. Given — 

What do you mean by the term "Abolitionist ?" 

Answered — I term it any person or persons who will use all 
power, or believe it right, to abolish human slavery against the will 
of any State or States whose Constitution recognizes the same 
where it legally, lawfully, and loyally exists. 

Question by Mr. Given — 

Did you, or did you not, approve of the remarks of Dr. Horton 
made at that meeting ? 

Answer— I did not. 

Question by Mr. Given — 



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Do you approve of the Emancipation Proclamation of the Presi- 
dent of September last, denounced by Dr. Horton? 

Answer — As Gommander-in- Chief of the Army I do; but would 
not as Civil Executive. 

Question by Mr. Shoaff — 

Do you then understand that the " Civil Executive" has vacated 
his seat ? 

Answer — I do not; but, on the contrary, I consider the President 
has two-fold power: First, Civil Executive; secondly, Commander- 
in-Chief. 

Question by Mr. Given — 

State what part, if any, you took in the arrest of Dr. Horton? 

Answer — I took no part. I filed an affidavit against him after 
hearing of his arrest; and based my affidavit against him upon 
what he said in the speech alluded to. 

Question by Mr. Given — 

What crime was Dr. Horton guilty of that you filed your affi- 
davit against him? 

Answer — He violated the proclamation of the President, dis- 
couraging enlistments, as I considered. 

Question by Mr. Given — 

Do you consider the proclamation of the President to which you 
refer the law of the land? 

Answer — As Commander-in-Chief I consider that or any other 
prbclamation to preserve, protect, and defend the Constitution and 
the integrity of the Republic in times of insurrection or rebellion, 
and during the existence of the same. 

Question by Mr. Given — 

Do you then consider that it is a crime to speak or argue against 
the views and policy of the Executive ? 

Answer — As a Civil Executive I do not; but as Commander-in- 
Chief I consider it both a crime and a burning shame for any per- 
son or persons to speak or act to impede the progress of our arms, 
to vindicate the rights of and support our Government, and put 
down a causeless and unholy rebellion. 

Question by Mr. Given — 

Can the President, by virtue of his office, exercise any except his 
civil authority over a State not in rebellion ? 

Answer— I believe he can when the public safety requires it. 

A. B. JETMORE. 



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SIDNEY W. SEA (Posey County) SWORN. 

Question by Mr. Baker — 

Are you the Captain Sea referred to in the testimony of Baird 
and Mills in this investigation ? 

Answer— I am Captain in the Fifth Cavalry, stationed at Mount 
Vernon, Posey county, Indiana. 

Question by Mr. Baker — 

Do you know any thing about the arrest of Mills and Baird, and 
if so state it ? 

Answer— In regard to Baird's arrest, my suspicions had been 
directed to him some time before his arrest. He was known to be 
crossing the river repeatedly, and gone numbers of days at a time, 
ostensibly trading, but not trading in any thing openly except lately 
in coon skins, and it was supposed as there was goods gone from 
that point to guerrillas, that said Baird had some knowledge of 
their purchase and delivery. Baird* is a man of notoriously bad 
character; he was in the habit of insulting the soldiers on the 

streets, stigmatizing them publicly as "d d Lincoln puppies," and 

that any man that would fight in this army deserved hanging. 
This was what led to his arrest. On being arrested he was brought 
before me, and upon my questioning him as to his treatment of the 
soldiers, and his loyalty, he said that he could not support the war 
and would rot before he would take an oath to do it. I then 
ordered him to be placed outside of my tent, under the fly, on a 
good bed of straw, with blankets sufficient to keep him warm. He 
was disposed to be disorderly and noisy at first, but after he got 
quiet he remained still until morning, when I ordered a good horse 
for him to take him out of camp, when he concluded to take the 
oath, and as he said afterward, with the intention of keeping it. 

Question by Mr. Baker — 

Did Baird ask for any thing to eat, and did you refuse it? 

Answer — He did not ask for any thing to eat that night, to my 
knowledge. We furnished him as good a breakfast in the morn- 
ing as any of us had. 

As to Mills, two of my men, while in his neighborhood, heard of 
his making disloyal remarks, and asked permission of me to visit 
him as citizens, which I granted. While at his house, they state 
that he said that he would be glad to see the cavalry up there all 
destroyed. They then told him that that was just what they came 
for ; that they were a part of a band of guerrillas. He stated that 



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he was glad to see them, and he would assist them all in his power. 
He said that a party of them could come to his house and remain; 
showed them where to put their horses if they came there in the 
night; and received from them a package or packages which they 
told him contained quinine and gun-caps, destined for the rebels. 
They say that he told them, and he don't deny it, that he would 
like to see Lincoln assassinated, and this cavalry blown to hell. 
This was what led to his arrest, together with other conversation 
of the same kindi' I was at camp when he was brought there, but 
shortly left, and did not return until after he was released. 

Question by Mr. Baker — 

Who were the two soldiers who visited Mills' house ? 

Answer — Two cavalry men, named John S. Miller and Lafay- 
ette Finch. 

Question by Mr. Baker — 

Have you the affidavits of these two soldiers, stating the above 
facts, and, if so, can you produce them ? 

Answer — I have, I can, and now produce them in these words, 
to-wit : 

Camp Graham, January 30, 1863. 

John S. Miller and Lafayette Finch, being duly sworn, do depose 
and say, that having reason to suspect the loyalty of James S. 
Mills and John Bell, they proceeded to the house of said Mills, in 
disguise as Kentucky guerrillas, looking for a place to rendezvous, 
to secrete ammunition and contraband goods, and rest themselves 
and horses, telling said Mills that there was a large force of guer- 
rillas ready to cross to take the Fifth Cavalry, (or that they were 
already across the river in force of 380 men,) and that they had 
four cannon, and wanted to fix the men in places as near the cav- 
alry camp as possible. Mills was very much, pleased to see the 
men in this character, and said Bell remarked that about half 
of the cavalry were Dutch, and did not amount to much, and he 
wished they were all in hell. 

Bell further said, that most of the men in his neighborhood were 
all about right, and that when they came back they would know 
where to stop; but when they got to the plank-road they were 
mostly Abolitionists. 

Mills said, then, that he would like to see old Lincoln's head 
taken off; cursed the Administration and the Lincoln Abolition 
war, and wanted to see this cavalry used up, if possible; was 
rejoiced the other detachments were taken, as reported, and recom- 
mended a certain place where to plant cannon so as to rake the 
tents with best effect. 



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Left with the understanding that they would return with a posse 
of men the same night; that he made arrangements where to put 
the horses and men. 

And that said Miller and Finch did return this night, and re- 
quested said Mills to take care of and secrete a package, said to 
him to contain caps and quinine for the use of the rebels; the said 
Mills took them and put them away carefully, to produce at a mo- 
ment's notice, after which I (Miller) called him out to assist in 
taking care of the horses of the guerrillas, (one of the horses was 
told him was captured from the Penn cavalry two days since). After 
his going out, they ctilled Bell out, and arrested them both. They 
• both showed a cheerful willingness to assist the guerrillas in every 
particular, and were anxious to do all in their power to defeat the 
cavalry, Abolitionists, and the Lincoln war. 

Certified to before me, this 30th day of January, 1863. 

SIDNEY W. SEA, 
Captain^ Commanding Camp Graham, 

I will add that this last arrest was done more at the solicitation 
of the men, who have an impression that they should not rest 
under continual abuse by such men, and more for checking such 
treatment than for any punishment to this man particularly. 

Cross Examination. 

Question by Mr. Lasselle — 

Were the above causes the only causes you had for the arrest of 
Baird and Mills ? 

Answer — That and general conduct tending to discourage sol- 
diers and recruiting. 

Question by Mr. Lasselle — 

Can you give any particular instance in which either Baird or 
Mills discouraged enlistments, of your own personal knowledge? 

Answer — -No, I can not; but have it from the best of authority. 

Question by Mr. Lasselle — 

What is that authority*? 

Answer — It is that of numerous citizens and soldiers. 

Question by Mr. Lasselle — 

Were any of them under oath at the time they made the state- 
ment ? 

Answer — None except the soldiers to whom I administered the 
oath. 

Question by Mr. Lasselle — 



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Who were the soldiers to whom you administered the oath? 

Answer — I only remember the names of Finch and Miller. 

Question by Mr. Lasselle — 

Were you authorized to administer oaths generally? 

Answer — I am authorized to administer oaths to recruits, but I 
do not know whether I am authorized to administer oaths gene- 
rally or not. 

Question by Mr. Lasselle — 

Were these persons to whom you administered this oath 
recruits? 

Answer — They were soldiers, already enlisted. 

Question by Mr. Lasselle — 

Did you make these arrests upon your own or other authority? 

Answer — Upon my own authority as commandant of the camp. 

Question by Mr. Given — 

Do you know the place where the soldiers heard this conversation? 

Answer — It was reported to me to have taken place at the 
house of this Mills, and in the town of Mount Vernon. 

Question by Mr. Given — 

Who was the neighbor who you say invited the soldiers to visit 
them when they received the first information of the disloyalty of 
Mills? 

Answer — I think it was a Mr. Allen. 

Question by Mr. Given — 

State your opinion of Mills' mental capacity? 

Answer — I should not think he had any superfluity of brains. 

Question by Mr. Given — 

Are not all of the statements you have made as to the guilt of 
^Baird and Mills, prior to their arrest, from hearsay and not from 
personal knowledge? 

Answer — Principally by hearsay. 

Question by Mr. Given — 

State where and when you heard either Baird or Mills say any 
thing that satisfied you of their disloyalty, and what was it? 

Answer — Prior to their arrest, I can not locate any particular 
point, the time, or what they said. 

Question by Mr. Ferris — 

Are you, or were you, at the time you administered the oath 
referred to above to Finch and Miller, holding any office whatever 
except that of Captain commanding camp and recruiting oflScer of 
the Fifth Indiana Cavalry. 



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Answer — I was not. 

Question by Mr. Given — 

In what do you consider treason to consist of? 

Answer — I consider, at the present time, any thing that will 
hinder or demoralize the army, or place any obstacles in the way 
of its efficiency. 

Question by Mr. Given- 
Do you think treason can be committed by conversation? 

Answer — I think there can be treasonable conversation. 

SIDNEY W. SEA. 



JONAS GOOD (Blackford County) SWORN. 

Question by Mr. Baker — 

State your name, age, residence and occupation ? 

Answer — My name is Jonas Good ; aged thirty-one years ; resi* 
dence, Blackford county, and occupation a physician. 

Question by Mr. Baker — 

What do you know about the draft-box being destroyed at 
Hartford City? 

Answer— I was in town on the day of the draft nearly all day. 
I was standing on^he side- walk when I observed that there was 
going to be trouble. I heard Mr. Andrew B. Williams say, as he 
was passing by, that there would be no draft in town on that day 
He said they (meaning the Abolitionists) were going to draft none 
but Democrats ; he said that there would be fun by and bye ; and 
went directly to the court house, where the arrangements were 
being made to proceed to draft. He appeared to be very much 
excited. This was in the fore part of the day, perhaps ten o'clock, 
or thereabouts. Shortly after I saw a crowd, perhaps twenty per- 
sons, assemble near the court house door, acting in a very boister- 
ous manner, cursing and swearing, some of them with their sleeves 
rolled up, and hurrahing for Jeff. Davis. Those most conspicuous 
for their noise were Bluford Mills, John Daugherty, Thomas 
Daugherty, Jatob Clapper, Henry Snider, John Vanhorn, John 
Miller, and others whom I do not now remember. They then 



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entered the court house. I entered shortly afterward. On enter- 
ing the court house I saw twenty of twenty-five persons surround- 
ing the officers connected with the drafting process. They were 
then acting in a very noisy manner, cursing and threatening the 
officers. The crowd was chiefly composed of those who had been 
assembled outside of the court house door. At this juncture 
I left the house, and crossed the street, when, within an hour or an 
hour arid a-half, hearing a noise, I observed the crowd coming out 
of the court house in a very noisy manner, and some of them 
appeared to be rejoicing. 

Cross Examination. 

Question by Mr. Ferris — 

How many men did you see at the court house door with their 
sleeves rolled up, and name them ; and also state how far distant 
you was from them at the time ? 

Answer — I don't know how many. Jesse Williams, who was 
in the crowd, was one, but I can not name any others, with safety. 
I was about fifty yards off. 

Question by Mr. Ferris — 

If there was any other man boisterous in that crowd, than 
Williams, name him ? 

Answer — There was, but I can not name him. 

Question by Mr. Ferris— 

Did Bluford Mills, John Daugherty, Thomas Daugherty, Jacob 
Clapper, Henry Snider, John Vanhorn, John^ Miller, or either of 
them, have their sleeves rolled up ? 

Answer — I would not be certain, but I think so. 

Question by Mr. Ferris — 

Which one of these men do you " think " had his sleeves rolled 



up'? 



Answer — I can not dispose of that question. 

Question by Mr. Ferris — 

Are you positive that you know that one other man than Wil- 
liams had his sleeves rolled up, and if so name him ? 

Answer — I am positive, though I can not name him. 

Question by Mr. Ferris — 

You say these men were cursing and swearing, what was that 
about? 

Answer — The cursing and swearing I could distinctly hear, [t 



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is my impression that they were enraged in consequence of .the 
draft about to come off. I did hear some of them say some thing 
against the draft, but can not say who said it, or what it was. I 
obtain my impression from the boisterous manner of the crowd, 
and from their demonstrations. 

Question by Mr. Ferris — 

What foundation had you for believing that the draft was to be 
resisted ? 

Answer— From Avhat I heard Williams say, and the demonstra- 
tions of the crowd before the court house, and demonstrations 
generally. 

Question by Mr. Ferris — 

Who else than Wilh'ams did you see in the court house with 
their sleeves rolled up, and name them if any? 

Answer — I am satisfied that some of the same persons who 
assembled ia front of the court house, and probably all of them 
who had their sleeves rolled up, outside of the house, were there. 

Question by Mr. Brown — 

If you are satisfied that the same men whom you saw outside of 
the court house with their sleeves rolled up, were the same men 
you saw inside of the court house, why is it you can not name 
some others of them except Williams ? 

Answer — Williams was generally regarded as being a man of 
more fortitude and determination than some of the rest, conse- 
quently it was more natural to notice him more particularly than 
the rest. 

Question by Mr. Brown — 

Are you acquainted with, and do you know, the names of all or 
any of the men you saw outside and inside of the court house ? 

Answer — I am partially acquainted with most of them, and 
know their names. 

Question by Mr. Brown — 

If you are partially acquainted with these^men, and know their 
names, why is it that you can not now give their names ? 

Answer — At the time I did not take down their names, conse- 
quently I do not now remember the names of persons, only those 
with whom I was most familiar. 

Question by Mr. Brown — * 

Do you know the names of the persons there who had their 
sleeves rolled up ? 



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Answer — I knew their names at the time, but can not now call 
them. 

Question by Mr. Brown — 

Do you know their names now? 

Answer — I do, but I can not call them. 

Question by Mr. Brown — 

Did you hear any person hallooing " hurrah for JefF. Davis?" 

Answer — I did. 

Question by Mr. Brown — 

Who were the persons? 

Answer — Some of the crowd in front of the court house, but I 
can not give their names. I do not know their politics, for I do 
not know who hallooed. 

Question by Mr. Brown — 

"What is your politics ? 

Answer — I have acted with the Republican party,- but am now 
an unconditional Union man. 

Question by Mr. Brown— 

Did you file an affidavit against any of the persons who were 
arrested in your county, and if so, when ? 

Answer — I filed an affidavit against Williams, Bluford Mills, 
John Daugherty, Thomas Daugherty, Henry Snider, Jacob Clapper, 
Jesse Williams, and others, perhaps, whom I do not remember, 
after some of them had been arrested and taken away from Hart- 
ford. 

Question by Mr. Brown — 

How did you happen to make an affidavit against these men ? 

Answer — It was thought by the citizens generally that affidavits 
should be made against these men. I was notified by a person, 
whose name I do not now recollect, to appear before Justice Mi- 
chael Cline, and I went there and made the affidavit. 
Question by Mr. Brown — 

Who were present at the magistrate's office at the time you made 
the affidavit ? 

Answer — A. B. Jetmore, Wm. A. Bonham, and some others, 
whom I do not recollect. 
Question by Mr. Brown — 

What is the politics of the men who were there — Democrat or 
Republican ? 

Answer — One of them, Jetmore, claims to be Union Democrat, 
I believe, and the other, Bonham, claims to be a Union man. 



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Question by Mr. Brown — 

Was not Jetmore the Republican, or Union candidate for Rep- 
resentative of Blackford county, at the last election? 

Answer — He was. 

Question by Mr. Brown — 

Was not the magistrate, at the time you made the affidavit, and 
is he not now, a Republican, or Unionist? 

Answer — He claims to be a Unionist ; acted with the Union 
party during the last canvas, I think, but was formerly a Douglas 
Democrat, and claims yet to be a Douglas Democrat. 

Question by Mr. Brown — 

Was there not a meeting of persons in your office, for^ the pur- 
pose of making affidavits against these men that were arrested ? 

Answer — There were several persons assembled at my office on 
the arrival of the soldiers, who, it was understood, came to enforce 
the draft, and among them were some of the military officers. 
They met there for the purpose of bringing to justice those whom 
it was understood had violated the laws of the country. Affidavits 
were then made against Brickley, John McManamon, Taughin- 
baugh, and others I do not now remember. I did not really know 
what would be the object of the meeting until they met there, 
though, of course, I had some idea. 

Question by Mr. Brown — * 

Name the persons who met in your office at that time? 

Answer — Colonel Tom. Browne was there, and did the writing, 
I believe; Wm. Frash, late Provost Marshal, and, I think, Goodin, 
the Commissioner, were there. Doctor Clowser was there, prob- 
ably, and, perhaps, some others. 

Question by Mr. Brown — 

Are not all those whom you have named as being present at that 
meeting Unionists or Republicans? 

Answer — They claini to be Unionists. 

Question by Mr. Ferris — 

Were not the two Williams' drunk at the time to which you 
refer in your testimony ? 

Answer — I think that they were under the influence, to some 
extent, of whisky. 

J(3NAS GOOD. 



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WILLIAM A. BONHAM (Blackford County) SWORN. 

Examined by Mr. Gregory — 

My name is William A. Bonham; aged tAventy-nine years; 
reside at Hartford City, Blackford county; occupation that of an 
attorney. 

On the morning of the sixth of October last, I was in the clerk's 
office, when Sheriff Brickley came in. Soon after Andrew B. 
Williams also came in. Mr. Williams asked Mr. Brickley if he 
had any hand in the draft. Brickley answered No ! It was the 
order that he was to place the ballots in the box, but they (mean- 
ing the Marshal and Commissioner), would not let him have any 
thing to' do with it. Williams became very much enraged at the 
remark, and said he would shed the last drop of blood in his veins 

before he would be humbugged; said it was a d d Abolition 

concern, and said it w^as managed by a set of black-hearted Abo- 
litionists about that town. I afterward heard Williams repeat 
about the same on the street. I was in the court house about the 
time they commenced preparing the ballots. My attention was 
directed particularly to one iJaniel Watson, who appeared to be 
very much excited— was talking loudly^ and said the Enrolling 
Commissioner had stolen his name, and claimed that the draft was 
unfair on that account; said the Commissioner was not within ten 
miles of his residence. There were a good many persons in town 
that day. I noticed there was a dreadful feeling against the draft. 
Among those whom I noticed as being excited against the draft 
were A. B. Williams, Jesse Williams, Charles Williams, all 
brothers, .John Daugherty, Tht>mas Daugherty, Daniel Watson, 
Bluford Mills, (since dead,) w^ho said some week or two before 
the day of draft that he was armed to resist it, and knew of two 
hundred others who were the same. 

I heard stamping and hallooing in the court house that day. 
After Bluford Mills was arrested, he said to me he would not have 
fled had he not been of the impression that they would hang or 
shoot him immediately; that he had laid in the swamps and it had 
had a very injurious effect on his health. 

At this time I am an unconditional Union man. In 1856 I 
voted for Buchanan, but in 1860 I voted for Abraham Lincoln, and 
have been acting with that party since. 
Question by Mr. Given — 



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Did you apprehend any trouble about the draft before the day 
upon which it occurred ? 

Answer— I did. 

Question by Mr. Given—- 

Did you make any effort on that day to prevent the trouble ? 

Answer — I did not ; my reason for not interfering was that they 
were in the majority, and I did not think it safe. 

Question by Mr. Given — 

Did you inform the sheriff of your county, or any other conserv- 
ator of the peace, of your fears of trouble ? 

Answer — I did not. I advised the Commissioner to allow 
Sheriff Brickley to place the ballots in the box, or see it done. 

Question by Mr. Given — 

What did you see Thomas Dougherty do? 

Answer — I saw him with the crowd, and heard him swearings 
but saw him commit no act of violence. 

Question by Mr. Given — 

Were the crowd that you allude to on a "general bust," intoxi- 
cated, or w^ere any of them so ? 

Answer— I think some of them were somewhat intoxicated. 

Question by Mr. Howard — 

How many persons were there in this crowd to which vou 
allude? -^ 

Answer — I suppose fifteen or twenty. 

Question by Mr. Howard — 

What other evidence, beside their noisy and boisterous conduct, 
have you that these men, except the Williamses you have named, 
intended to destroy the draft-box ? 

Answer— The cursing and swearing is all, except what Harvey 
Snider said in my presence. 

Question by Mr. Given — 

Did not this whole disturbance arise from the fact that Williams, 
who resided in another, was enrolled in the wrong township ? 

Answer— If that was the pretext, I was not aw^are of it from my 
personal knowledge. 

Question by Mr. Given — 

Was it not the understanding that none but Democrats would 
be drafted? 

Answer — I think not, among men who were informed. 
Question by Mr. Given — 
C. A. A.— 10 



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Now do you not know that, by a preconcerted arrangement, 
none but Democrats were to be drafted? 

Answer — I know there was not. 

Examined by Mr. Given — 

You say you are an "unconditional Union man." Now if Mr.- 
Lincoln should declare himself Dictator of this country, and, by so 
doing, restore the Union of these States, would you favor it ? 

(This question was protested against by Mr. Baker, Republican, 
for the reason that it had nothing to do with it.) 

Answer — I refuse to answer. 

Question by Mr. Bakers 

"Who enrolled Jesse Williams? 

Answer — I did, sir. 

Question by Mr. Baker — 

Did he ever tell you he was enrolled in the wrong township ? 

Answer — He did not. 

Question by Mr. Baker — 

Did you inform the Commissioner, or Provost Marshal, on the 
morning of the draft, that you apprehended danger ? 

Answer — I did. 

W. A. BONHAM. 



ALEXANDER DELONG (Wells County) SWORN. 

Question by Mr. Baker — 

State your name, age, residence and occupation ? 

Answer — My name is Alexander Delong ; age fifty-seven years ; 
reside at Wells county, Indiana ; by occupation a farmer. 

Question by Mr. Baker — 

Are you acquainted with Dr. Theodore Horton ? 

Answer — I am? 

Question by Mr. Baker — 

Had you heard Dr. Horton, before his arrest, say any thing in 
opposition to the war or against enlistments ? 

Answer — I never heard him say any thing against enlistments; 
but have against the war. 

Question by Mr. Baker— * 



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Please state what you heard him say against the war? 

Answer — I heard him say that a Republican army could not 
be marched to the Ohio river before they would be stopped. I 
asked him who would stop them.. He said the Democrats. I 
asked him if he would be in that army, and he said he would. 
I told him if I was on the other side I would shoot him, without 
orders. This was before the war broke out, and but a few days 
after Lincoln took his seat. 

Question by Mr. Baker — 

Have you ever heard him make any other remarks about the 
war? 

Answer- — Yes ; he said he was opposed to it. 

Question by Mr. Brown^ — 

Did Dr. Horton give any reason for being opposed to the war, 
and if so, what was it ? 

Answer — He did : He said he was opposed to the suspension 
of the writ of habeas corpus and the Emancipation Proclamation; 
and that the war ought to be carried on without them. 

Question by Mr. Brown— 

Did you ever hear him say at any other time that he 'would 
oppose the war, except the time when he stated that the Repub- 
lican army could not march to the Ohio river? 

Answer — I did not. 

ALEXANDER DELONG. 



WILLIAM A. CAMPBELL (Blackford County) SWORN. 

Examined by Mr. Baker — 

State your name, age, occupation, and place of residence ? 

Answer — My name is William A. Campbell; aged thirty-three 
years ; and reside at Montpelier, Blackford county, Indiana. 

Question by Mr. Morgan — 

Are you acquainted wdth William T. SchuU, of Blackford county ? 

Answer — I am. 

Question by Mr. Morgan— 

State what you heard him say, about the resistance to the draft, 
at Hartford City? 



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Answer — When he was informed, in my presence, of the mash- 
ing of the ballot-box, he said "good! good!" and that is what he 
was arrested for. Twible is the man who filed the affidavit against 
SchuU. 

Question by Mr. Ferris — 

State particularly when, where, and in whose presence you heard 
SchuU say this ? 

Answer — It was the evening of the 6th day of October, 1862, at 
Montpelier, in front of Boon & Twible's store, in the presence of 
Boon and Twible, and others. 

Question by Mr. Ferris — 

Do you positively swear that Twible, in his talk with Dr. Schull, 
stated where the draft-box was broken up ? 

Answer — Yes; he said, "your party, to-day, broke up the ballot- 
box at Hartford." The remark, and its answer, was made while 
Schull was passing on horseback. Schull did not stop on his way. 

WM. A. CAMPBELL. 



BENJAMIN S. NICKLIN (Wabash County) SWORN. 

Examined by Mr. Morgan — 

State your name, age, and present occupation ? 

Answer — My name is Benjamin S. Nicklin ; aged thirty years ; 
present occupation, a Captain in the Thirteenth Indiana Battery ; 
residence, Wabash county, Indiana. ' 

Question by Mr. Morgan — 

State whether you made any aiTests at Vevay, and the circum- 
stances connected therewith ? 

Answer — I did arrest some of the citizens of Vevay, but do not 
remember the names of all of them, but remember the names of 
Clint McMahon, Dufour, and Kyle. I arrested them upon reliable 
information that they had been conveying information to the guer- 
rilla bands across the river, on the Kentucky side. I derived the 
information from an army spy, of which I had many. I had no 
authority whatever, from Governor Morton, to make these arrests, 
and it was done without his knowledge. 

Question by Mr. Ferris — 



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By whose authority, or by whose order, did you make these 
arrests? 

Answer— By the general authority given to me by the military 
commanders at Louisville, to arrest all persons I had good reasons 
to suspect of disloyal; y. 

Question by Mr. Ferris — 

Were the arrests made by you in Vevay, made solely upon the 
ground of hearsay testimony ? 

. Answer— I made the arrests upon the statements of persons I 
did rely upon, but who were not under oath. 

Question by Mr. Ferris— 

Who was your informant upon whose statements you made 
these arrests ? 

Answer— I will not answer the question. Out of no disrespect 
to the Committee, however. 

Question by Mr. Ferris — 

Will you give the name of the person who gave jou the names 
of the Vevay men who were arrested a3 Knights of the Golden 
Circle? 

Answer — I decline to answer. 

Question by Mr. Ferris — 

You say that in making these arrests your men were armed, and 
that you ordered them to shoot down any man who made resist- 
ance. By what or whose authority did you give such orders ? 

Answer— I considered it my duty as an officer of the Army. 
Such are at all times my orders to my men when on duty. 

Question by Mr. Morgan — 

What is your politics? 

Answer— I am a Democrat; always was a Democrat, and was 
a delegate to the 8th of January Convention, 1862. 

Question by Mr. Morgan — 

State why your men pointed their pistols at Mr. Kyle when they 
arrested him ? 

Answer— I was told that Mr. Kyle was attempting to escape; 
I ordered the men to follow him, and if he did not stop to shoot 
him. I haye since learned that he made no attempt to escape. 

BEN. S. NICKLIN. 



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JOHN PHIPPS (Wells County) SWORN. 

Question by Mr. Morgan — 

State your name, age, residence and occupation ? 

Answer — My name is John Phipps; aged thirty-three years; 
occupation that of a farmer; and reside in Wells county. 

Question by Mr. Morgan — 

Are you acquainted with Dr. Theodore Horton? 

Answer — I am. 

Question by Mr. Morgan — 

State what you have ever heard him say, and what he has done 
in opposition to this war, and against the enlistment of soldiers ? 

Answer — At a war meeting held in the county of Wells, at 
Bare's school house, on or about the second of October last, when 
A. B. Jetmore, the Union candidate for Representative, and myself, 
arrived and made an effort to get volunteers. Near about the 
close of the meeting. Dr. Horton arrived, and said he had a few 
words to say. After ascending the rostrum he commenced as fol- 
lows: Mr. Jetmore has been acting disgracefully to-night; illus- 
trated it by an anecdote. He said it reminded him of the anecdote 
of a little boy who went out in company with other boys. One 
of the boys having killed a bird, this little fellow requested to have 
it — take possession of it. One who killed it proposed giving it to 
hiin if he would perform a disgraceful act, which he did. That the 
other boy refused giving the bird. He then went home crying. 
His mother asked him what was the matter, and he said one of his 
companions killed a bird, and offered to give it to him if he would 
disgrace himself. After doing so, he refused to give him the bird. 
Now, said he, Mr. Jetmore has disgraced himself before you 
to-night, to get the dead bird; but you won't give it to him fellow- 
citizens. This, said he, is an Abolition war. I always knew it to 
be an Abolition war ; and now the President's proclamation has 
capped the Abolition climax. Here is a man here to-night (point- 
ing to me) to get volunteers. You are not going to volunteer in a 
war carried on under any such policy. No, not one of you. He 
then gave his definition of Abolitionists, saying that the Abolition- 
ists are those now^ in power, and all that sustain the Administra- 
tion were Abolitionists. These Abolitionists must be removed 
from power by the dropping of little bits of paper into the ballot- 
box, and Democrats put into their place. Then we will arm our- 
selves and shoot down these Abolitionists. That is the war you 



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will fight in fellow-citizens, aint it? That is about the amount of 
his remarks. I never heard him express himself upon the subject 
at any other time. 

Question by Mr. Morgan — 

Was this meeting called for the purpose of getting volunteers ? 

Answer — Mr. Jetmore, as the Union candidate for Representa- 
tive for that District, had given public announcement that he 
would make a " Union " speech on that oc'casion ; and as I was 
acting in the capacity of a recruiting officer for the Thirty-fourth 
Regiment Indiana Volunteers, and would have to canvass the 
county; that if I would have bills struck announcing war meetings 
at the same time and place with his appointments, after making 
his " Union " speech he would give ^ne and Mr. Banta, a man 
who was to address those war meetings, all the assistance he 
could in the way of speaking to get volunteers. That meeting 
was announced according to this arrangement. These are all the 
facts I know in connection with this matter. 

CROSS EXAMINATION. 

Question by Mr. Lasselle — 

Did you not file an affidavit, and cause Dr. Horton to be 
arrested for making the statements as above represented by you ? 

Answer — I filed an affidavit setting forth the language of Dr. 
Horton at that meeting, believing his language came within the 
perview of the President's proclamation, in reference to discour- 
aging enlistments. 

Question by Mr. Lasselle — 

What are Dr^ Horton's political sentiments? 

Answer — I have always understood he was a Democrat. 

Question by Mr. Lasselle — 

What are your political sentiments ? 

Answer — I vote the " Union " ticket. 

Question by Mr. Lasselle — 

What did you do with your affidavit against Dr. Horton ? 

Answer — I left it in the possession of Dwight Klinck to be sent 
to Indianapolis. I inquired for the proper person to be sent to, 
and Klinck informed me that it should be sent to Colonel Rose, 
United States Marshal, at Indianapolis; and that he would send it. 

Question by Mr. Lasselle — 

State whether if the political discussion you refer to between Dr. 



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Horton and A. B. Jetmore had not been called by Jetmore pub- 
licly by hand-bills as a political meeting ? 

Answer — I do not know. 

Question by Mr. Lasselle — 

Did Jetmore not call the meeting by hand-biUs as a Union 
meeting? 

Answer— He called it as a meeting where he designed making 
a Union speech. * 

Question by Mr. Lasselle — 

Was not your so-called " Union party " a political party ? 
Answer — Yes ; I suppose it was. 
Question by Mr. Brown — 

Did not Mr. Jetmore, at that meeting, discuss political questions, 
and urge his claims for election to the Indiana Legislature ? 

Answer— He discussed the issues that were before the people, 
and urged his claims for election to the Legislature in the first 
part of his speech, and the latter part was an appeal for the people 
to volunteer. 

Question by Mr. Lasselle — 

State if it was not after Jetmore was entirely through with his 
address, that Dr. Horton, upon the invitation of part of the meet- 
ing, made his speech in reply to the political part of Jetmore's 
address? 

Answer— I do not know whether or not he was invited to speak ; 
but he was not called upon audibly in the meeting; and he did not 
commence to speak until Jetmore was through. 
Question by Mr. Lasselle — 

Was not the anecdote represented by you as having been related 
by Dr. Horton at that meeting, so related by him to illustrate, the 
position of Jetmore, as having left the Democratic party and joined 
the Abolition party, under the promise of being elected Representa- 
tive? 

Answer— I did not think so in connection with his speech at the 
time. 

Question by Mr. Lasselle — 

Was it not true that Jetmore had recently left the Democratic 
party and joined what you term the Union party, and then a can- 
didate of that party for Representative ? 

Answer— I heard Mr. Jetmore say he had formerly, been a mem- 
ber of the Democratic party; and he was then a candidate for 
Representative on the Union ticket. 



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Question by Mr. Hanna— 

State whether you are personally acquainted with Dwight 
Klinck, and how long have you known him? 

Answer— I am, and have known him for the last five or six 
months. 

Question by Mr. Hanna — 

State what his political sentiments were during the last October 
election, on the issues then dividing the Democratic and Repub- 
lican parties. 

Answer— He was the "Union" candidate for Senator. 

Question by Mr. Hanna — 

Am I to understand that you state that at the time you deli- 
vered your affidavit against Dr. Horton to him to be sent to the 
United States Marshal, that he was the Republican candidate for 
State Senator? 

Answer— Yes, he was the candidate at that time. 

Question by Mr, Brown — 

Did you not come to this city for the purpose of being examined 
as a witness before the United States Grand Jury? 

Answer— I did, in obedience to a summons served upon me by 
the sheriff of my county. 

Question by Mr. Morgan — 

State whether you made any effort to get volunteers at that 
meeting referred to in your affidavit; in what way, and what 
occurred afterwards? 

Answer— When Mr. Jetmore had concluded his appeal to the 
people to volunteer, I stated that I was there to get recruits, and 
would take the descriptive rolls after the speeches should be con- 
eluded. As I took my seat. Dr. Horton rose up and said : " I have 

a few words to say ," and made the speech I have already 

related. ' •' 

Question by Mr. Brown — 

Did you not state— when you stated you was prepared to enlist 
volunteers -that you would enlist volunteers after the speak- 
mghad closed; and was it not immediatelv after you had so 
spoken that Dr. Horton began to make his speech, and did you not 
think It improper for you to attempt to enlist volunteers between 
speaking ? 

Answer— I did say that I would make out the enlistment rolls 
of any that might desire to volunteer at the close of the speeches, 
and Horton began speaking as soon as I had made that statement 



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I thought that if Jetmore's competitor, who was present, desired' to 
reply, it would be no more than fair to wait until he had spoken. 
I had no expectation or khowledge that Horton intended to speak. 

JOHN PHIPPS. 



WILLIAM FRASH (Blackford County) SWORN. 

General question in chief by Mr. Baker — 

Answer — My name is William Frash; aged fifty-four years; by 
occupation a merchant; reside at Hartford City, in Blackford 
county. 

Question by Mr. Baker — 

Do you know any thing about the draft-box being mashed at 
Hartford City, on or about the 6th of October last, and, if so, state 
it? 

Answer — I saw the box destroyed, together with the ballots 
which were in it. I was Provost Marshal, and, as it was my duty, 
I was in the court house about one o'clock, in company with 
Goodin, in charge of the draft-box. We had placed three ballots 
in the box when Peter Kamer, who had been selected by the Com- 
missioner to draw the ballots, refused to serve, and Sheriff Brickley 
remarked, that if he could not act by authority he would have 
nothing to do with it. A rumor had gained currency that it was 
the sheriff's place to do the drawing; but I explained that it was 
my place to do so, and voices cried out, "let the right one do it." 
Before this. Sheriff Brickley had agreed with myself 'Hnd the Com- 
missioner and Kamer to stand by and see the drafting fairly done. 
After the three ballots were placed in the box he refused to have any 
thing further to do with it, unless he could do it officially, and then 
Kamer refused. I then asked Brickley who was the proper one to 
do it — me or him. He answered, that he was. I replied, " I think 
I am, and I am going to make the draft." Brickley then left, and I 
did not see him afterward as I recollect of. In fifteen or twenty 
minutes afterward^ Jesse Williams came in and broke the box by 
mashing it on the floor and stamping it. Whereupon a general 
hurrah and hallooing commenced in the court house. Williams, 



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after breaking the box, attempted to strike at me with a club, and 
was prevented (as I was informed) by Chris. Clapper, who held his 
arm. Michael Daugherty, at this time, stood in front of Williams 
and forbade his striking nie, holding a cane up to protect me, 
when Frank. Taughinbaugh pushed Daugherty's cane out of the 
way. At this moment John Diskey whispered to me that I was in 
danger, and advised me to leave. When I was gathering up the 
enrollment lists Williams snatched one of them and started out of 
the house, the greater part of the crowd following him. I found I 
could do nothing and went home. 

Question by Mr. Baker — 

How many persons were there in the house at the time the box 
was mashed? 

Answer — I should think forty or fifty. 

Question by Mr. Baker — 

Give the names of those who were present. 

Answer — Abraham Stahl, Madison Garret, Leander Tarr, Chris. 
Clapper, Allen Ward, William Gabel, and others I do not remem- 
ber. 

Question by Mr. Baker — 

Why did you ask Brickley to stand by and see the thing fairly 
done? 

Answer— Because Brickley and Kamer were identified as Demo- 
crats, and in order to satisfy their party. Kamer was to draw the 
tickets and Brickley to see it done. 

Question by Mr. Gregory — 

Did you hear any one speak of resisting the draft in the forenoon 
of that day? 

Answer — ^John Diskey said there would be no draft that day ; 
and one of the Williams' said the same. 

Cross Examination. 

Question by Mr. Shoaff — 

What did Williams say when he mashed the box ? 

Answer— I don't know any thing; only he cursed and swore. 

Question by Mr. Shoaff — 

Did you consider him intoxicated or not? 

Answer — I considered him intoxicated. 

Question by Mr. Shoaff — 



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Did any one, beside Williams, to your knowledge, interfere to 
break the draft-box; and, if so, who were they? 

Answer — Williams alone broke the box, and immediately after 
it was broken others kicked the pieces of the box with a general 
hurrah among them. 

Question by Mr. Shoaff — 

Was there any Republican or Union men in the court house at 
the time ? • 

Answer— There was some there, but I only recognized two. 

Question by Mr. Spioaff — 

Are you sure that the hurrahing was done exclusively by 
Democrats > ' 

Answer — You may have it so. 

Question by Mr. Gregory — 

• What is your politics ? 

Answer — I always was a Democrat, and acted with that party 
ever since I had a vote ; and voted for Douglas. 

Question by Mr. Shoaff — 

Did you vote the Republican, or so-called Union ticket, at the 
last election ? 

Answer — I voted the Union ticket throughout. 

W. FRASH. 



CHRISTOPHER CLAPPER (Blackford County) SWORN. 

General question in chief by Mr. Baker — 

My name is Christopher Clapper ; aged thirty years ; residence 
Blackford county, Indiana. 
Question by Mr. Baker- 
Do you know any thing about the draft-box being destroyed at 
Hartford City, on or about the sixth of October last ; and, if so, 
state what you know about it ? 

Answer— I was in the room when the box was broken. There 
was some excitement in the house ; Brickley, the sheriff, claiming 
that he had the right to do the drafting. Brickley had told me 
that morning, before they went in to draft, that unless he could 



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act as an officer according to the first order, he would have nothing 
to do with it; and just before we entered the room Mr. Kamer 
informed me that he and Brickley had agreed that they were to 
assist each other; and were there about the time the ticlrets were to 
be put in. Brickley left the stand first, and was followed soon 
after by Kamer. Then Goodin (Commissioner) passed around the 
crowd hunting some one to occupy that post, when he was met 
by Andy Wilhams, who said to him, «If you undertake to draft 
a man here to-day, we will take you out and not leave an inch 
of your body." Shortly after I saw the box go up above the 
peoples heads. I did not see who done it; but as it struck the 
floor I saw Jesse Williams jump on it, and stamp it; at which 
time there was cheering and hallooing in the house. Jesse 
Wilhams then seized one of the legs of the drafting machine, and 
was in the act of striking WiUiam Frash, when I caught his arm 
Jesse Wilhams then snatched one of the enrollment Jists, and 
started for the door with it in his hand. Shortly after he went out 
of the room— the crowd left the iTouse. I left, then, for home a 
few minutes afterward. ' 

Question by Mr. Bakek — 
' State the names of all those you remember being present at 
the time the draft-box was broken, beside those you have men- 
■ tioned ? 

Answer— Peter Kamer (nephew of the Kamer I have named) 
and Allen Ward. I cannot positively state as to the names of 
any others being present at that time. 

Question by Mr. Baker — 

Give the names of aU those who you remember being there in 
the crowd, during the time they were preparing to draft ' 

Answer-Beside all those I have already mentioned, John 
Daugherty, Thomas Daugherty, and another Daugherty, John 
McManamon, Franklin M. Taughinbaugh, Jacob Clapper, Henry 
Smder, William Clapper, Henry Huffman, and John Diskey 

Question by Mr. Baker— 

Did the crowd, or any part of it, in the court house, at the time 
the hlxr^' <^estroyed, seem to uphold Williams in destroying 

Answer— There were cheers in various parts of the house 
hurrahing for JefE Davis and the *■ Southern Confederacy, but I 
am not able to state who done it. 

Question by Mr. Baker— 



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What is your politics ? , j .i. x 

Answer— I have voted the Democratic ticket; and voted that 

ticket at the last election. 

Question by Mr. Feeris — 

Were there quite a number of Republicans present m the house 
when the draft-box was broken ? 

Answer — There were some present. » 

Question by Mr. Ferris — . 

•Now, can you state positively, whether it was the Democrats 

or Republicans who were hallooing? 

Answer-I can not. With the exception of Williams, I can 
not tell whether they were Democrats or Republicans. 

Question by Mr. Ferris— . i x.+ 

Was there any active demonstrations, in opposition to the dratt, 
made by any one present except the two Williams'? 

Answer— There was not. 

Question by Mr. Ferris— 

What do you know in regai^ to the impression among the 
Democrats there, that none but Democrats were to be. drafted in 
that county; and what did you hear Republicans say m regard 
to the matter ? 

Objected to by Mr. Morgan. _ 

Answer— I heard several Democrats say they (meaning the 
Republicans) intended to draft all Democrats. I heard no Repub- 
licans say any thing of the sort. 

Question by Mr. Ferris — _ _ 

Did Frash,the Provost Marshal, or Goodin,the Commissioner, at 
or before the disturbance, make any effort whatever to preserve 
order or enforce the draft, or call upon the bystanders to protect 
them in the performance of their duties ? 

Answer-One of the three-Frash, Brickley or Goodin-called 
for « order," some ten or fifteen minutes before the box was 
mashed, and it is my impression that Brickley made the call. I 

heard no further call. 

CHRISTOPHER CLAPPER. 



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DWIGHT KLINCK (Wells County) SWORN. 

General question in chief by Mr. Morgan — 

Answer — My name is Dwight Klinck; aged twenty-seven years; 
reside at Bluffton, Wells county ; and am at present engaged in the 
Banking business; have resided in Wells county about two years 
and three months. 

Question by Mr. Morgan — 

Are you acquainted with John Phipps, and, if so, how long have 
you been acquainted with him ? 

Answer— I have been acquainted with him about one year. 

Question by Mr. Morgan — 

Are you acquainted with his genera,! character? 

Answer — I am. 

Question by Mr. Morgan — 

Is it good or bad? 

Answer — It is good. 

Cross Examination. 

Question by Mr. Lasselle — 

How far do you live from Mr. Phipps ? 

Answer — About two miles. 

Question by Mr. Lasselle — 

Have you taken any pains to inquire as to his character? 

Answer — I have sir; considerable. 

Question by Mr. Lasselle — 

When did you make these inquiries? 

Answer — Since his character came in question on account of 
Phipps' affidavit against Dr. Horton. 

Question by Mr. Lasselle — 

In what neighborhood did that question as to the character of 
Mr. Phipps arise ? 

Answer — In Bluffton and vicinity. 

Question by Mr. Lasselle — 

Did you not confine these inquiries to the political friends of Mr. 
Phipps and yourself? 

Answer — I think I did not. 

Question by Mr. Lasselle — 

Can you name any persons not belonging to your party, of whom 
you made such inquiry ? 

Answer — I could not particularly, as my inquiry was general. 



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Question by Mr. Lasselle— 

State if you have not heard in the neighborhood of Phipps, that 
he had been charged or convicted of perjury? 

Answer — Mr. Phipps told me himself that at Vicksburgh, Miss., 
he was charged with perjury^ and duly acquitted. 

Question by Mr. Lasselle — 

Did Phipps make his affidavit against Horton before you, and if 
so, what did he do with it? 

Answer— He made the affidavit before me as Notary Public, and 
I left it in his hands. 

Question by Mr. Lasselle — - 

Did you or did you not at any time retain that affidavit in your 
hands ? 

Answer — I left it in the possession of Phipps and T. W. Wilson. 
It was in Wilson's office that I wrote it. I don't know which one 
took it. 

Question by Mr. Lasselle — 

Did you not at the time tell Phipps that you would retain the 
affidavit and have it sent to Marshal Rose? 

Answer— I am quite sure I did not. 

DWIGHT KLINCK. 



JAMES CROSBIE (Wells County) SWORN. 

General Question in chief by Mr. Morgan — 

Answer — My name is James Crosbie; aged forty-two years; 
occupation a farmer, and reside in Wells county, Indiana. 

Question by Mr. Morgan — 

Do you know John Phipps, and are you acquainted with his 
general moral character ? 

Answer — I am not much acquainted with him personally. I 
have known him personally since the first of October last. He has 
a good moral character so far as I know. 

Question by Mr. Baker — 

Are you acquainted with Dr. Horton ? 

Answer — Yes sir. 

Question by Mr. Baker — 



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Had yoa ever heard him say any thing in opposition to the war 
or against enlistments prior to his arrest? 

Answer— Yes; I heard him make a speech in Nottingham town- 
ship, Wells county, on the evening of October the second, 1862, in 
which he said, " Mr. Phipps has asked you to volunteer. Did he 
get any ? No, not one. You was not going to volunteer under 
such a policy. I always knew that this was an Abolition war ; 
and since the Proclamation of the President it has topped it with 
the Abolition climax. He then proceeded to reply to the speech of 
Jetmore, defending Voorhees' speech, said where is the Democrat 
but what would do the same thing — stand up between the tax 
payer and the tax gatherer. You are earning your money by the 
sweat of your brow, and they are stealing it from you." Dr. Horton 
did not rise to address this meeting until after the conclusion of 
Jetmore's speech and ttie appeal of Phipps for volunteers was over. 
He passed to the stand to speak, from one to three minutes 
after Phipps had concluded, and no volunteers offered. In the 
speech of Horton, I will add, he also said (holding a paper in his 
hand wrapped up as a ballot) we will kill off the Abolitionists with 
these (meaning the ballots), reinstate the Democratic party, and go 
South and shoot down the Rebels with bullets. 

Cross Examination. 

Question by Mr. Shoaff — 

Did Dr. Horton, in the speech you allude to, de^ounce the policy 
of the war, or the war itself? 

Answer — So far as I understood him, it was the policy of the 

war. 

JAMES CROSBIE. 



ABRAHAM STAHL (Blackford County) SWORN. 

General question in chief by Mr. Morgan— I 

My name is' Abraham Stahl; aged fifty-three years; occupation 
a farmer; and reside in Blackford county, Indiana. 
Question by Mr. Morgan — 
C. A. A.— 11 



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State what you know about the draft-box being mashed, at 
Hartford City, and who participated in it ? 

Answer — On the sixth of October, the day of the attempted 
draft, I was in the court house. While they were making prepa- 
rations a dispute arose between Sheriff Brickley and F^ash, Provost 
Marshall, as to which of them should place the tickets in the box. 
During the dispute, Brickley asked «Frash which had the right to 
place the tickets in the box, and Frash answered that he had the 
right — that Stanton's order was superceded by that of Governor 
Morton. Brickley then left the stand, having said that he would 
have nothing more to do with it. When the box was mashed I 
heard the crash, but did not see who done it. When the box was 
mashed there was hallooing and cheering in the house. I saw 
Jesse Williams with a piece of the box in his hands. I can not 
designate the persons who hallooed and cheered. 

Question by Mr. Ferris — 

Did you see any body making demonstrations there except the 
Williams'? 

Answer—-! did not. 

ABRAHAM STAHL. 



ALLEN WAED (Blackford County) SWORN. 

General question in chief by Mr. Morgan — 

My name is Allen Ward ; aged thirty-six years ; reside in Black- 
ford county ; and by occupation a farmer. 

Question by Mr. Morgan— 

State what you know about resisting and mashing the draft- 
box at Hartford City ? 

Answer— I was present at the time the preparations for the 
draft were being made. When the draft-box was brought in the 
question arose as who should do the drafting, Brickley contending 
that he had the right to do it under the first order, and Provost 
Marshal Frash claiming that he should do it. Brickley was willing 
to go on with it under the first order. On the second order Frash 
claimed it. Brickley then refused to do it on them terms. After 



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two or three of the tickets were put in John Daugherty kicked the 
box over ; then Jesse Williams kicked it two or three times, and 
then gathered it and threw it up to the ceiling. After it fell down 
they jumped on it, and stamped it all to pieces. Then Jesse 
Williams drew a leg off the frame and attempted to strike Frash. 
when Christopher Clapper caught his arm. After the box was 
torn to pieces they commenced their hallooing. 

Question by Mr. Morgan — 

Who did you see engaged in stamping on the box ? 

Answet— I saw Jesse Williams, Andrew Williams, John Daugh- 
erty, Thomas Daugherty, John Vanhorn, and Bluford Mills. 

Question by Mr. Morgan — 

Who did you see hallooing, cheering and stamping on the floor? 

Answer— Besides these I have named, I saw Leander Tarr, 
Daniel Watson, Huey Lyons, :rohn Miller, Henry Snider, and 
John P. Garr. 

Cross Examination. 

Question by Mr. Ferris — 
What is your politics ? 
Answer — I am a Republican. 
Question by Mr. Ferris — 

How many men were there in the court house when the draft- 
box was mashed? 

Answer — About a hundred. 

Question by Mr. Ferris — 

Do you swear positively that Jesse Williams, Andrew Williams 
John and Thomas Daugherty, John Vanhorne, and Bluford Mills' 
were each of them engaged in stamping the box and throwing 
the pieces around ? 

Answer — Yes, sir. 

lestion by Mr. Ferris — 

)w much was the box broken ; into how many pieces ? 
iswer— The rim was broken into two pieces, and each head 
into the same number of pieces — I am positive. 

Question by Mr. Ferris — 

Who did you see throwing the pieces around ? 

Answer — I can not name any person. 

Question by Mr. Ferris — 

Name the person you know ypu saw stamping the box ? 



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